Kansas Bank Garnishment After Small Claims: How to Levy a Debtor's Account

How Non-Earnings Garnishment Works in Kansas

When you know where a judgment debtor banks, a non-earnings garnishment lets you freeze and collect funds directly from the account. Under K.S.A. 61-3501 et seq., this is officially called a Garnishment (Non-Earnings) — not a "bank levy," though other states use that term.

The critical difference from wage garnishment: a bank garnishment captures only the funds sitting in the account at the exact moment the order is served. It doesn't create a lien on future deposits. If the debtor gets paid the next day, that money is untouched. You'd need a new garnishment order to capture it.

Under K.S.A. 61-3504, a post-judgment garnishment order may be obtained after 14 days. K.S.A. 61-3506 also requires a good-faith belief that the bank has or will have the debtor's assets.

The Filing Process

1. File a Request for Garnishment (Non-Earnings) with the district court clerk using the Kansas Judicial Council form
2. Pay the $12.50 Judicial Branch Surcharge and $15 sheriff service fee; the bank may also retain a $15 administrative fee if the garnishment attaches funds
3. The clerk issues an Order of Garnishment (Non-Earnings)
4. Serve the order on the bank's designated process agent or branch manager

The order directs the bank to withhold up to 110% of the current balance due under the judgment. The freeze is immediate.

The Bank's Response

Within 14 days after service, the bank completes its Answer of Garnishee (Non-Earnings). If the creditor has an attorney, the bank sends the answer to the attorney; otherwise, it sends the answer to the creditor and debtor when it holds the debtor's funds, or to the creditor alone if it holds none.

Immediately after the order is served on the bank, the party seeking garnishment must send the debtor a notice explaining the freeze and the right to claim exemptions and request a hearing.

Federal Benefit Protection

Banks that receive non-earnings garnishment orders must follow 31 C.F.R. Part 212 — the federal rule protecting direct-deposited government benefits. The bank automatically reviews the account for the preceding two months. If Social Security, SSI, VA benefits, or federal retirement payments were direct-deposited during that window, the bank must protect an amount equal to those deposits.

That protected money cannot be frozen, withheld, or charged garnishment fees. The debtor keeps access without filing anything with the court.

This automatic protection only covers direct-deposited federal benefits within the two-month lookback. For non-direct-deposited benefit checks, co-mingled funds, or state benefits, the debtor must file an exemption claim themselves.

Joint Accounts

Kansas presumes that all funds in a joint account belong to the judgment debtor. The non-debtor co-owner can intervene and challenge this by presenting accounting evidence that proves separate ownership of specific funds. Until that happens, the bank withholds the amount sought in the order, up to 110% of the current judgment balance.

If you know the debtor has a joint account, the garnishment captures it — but be prepared for a potential hearing if the co-owner contests.

When the Debtor Claims Exemptions

To request a hearing on an exemption claim, the debtor must file the hearing request no later than 14 days after the notice is served. If the last day falls on a weekend or legal holiday, the deadline extends to the next business day under K.S.A. 60-206. A requested hearing must be held 7–14 days after the request is filed. The debtor bears the burden of proving the frozen funds come from exempt sources. Common claims include:

• Social Security or SSI payments beyond the automatic lookback
• VA disability benefits
• Unemployment or workers' compensation funds
• Kansas public pension payments

If the court sustains the exemption, it orders the bank to release the protected funds. If no reply to the bank's answer is filed within 14 days after the creditor receives it, the court directs the bank to pay the attached amount. If a reply is filed, the court resolves it before payment.

Repeat as Needed

Because each garnishment is a snapshot, you may need multiple rounds to collect the full judgment. K.S.A. 61-3506 generally limits a creditor to two garnishments against the same debtor and claim in any 30-day period, unless a judge allows an exception. Each round carries the $12.50 surcharge and $15 service fee; these costs may be added to collectible court costs when you file receipts with the clerk. Timing matters: serve the order just after a known pay date for the best chance of catching funds in the account.

Our Kansas Judgment Collection Guide includes a garnishment filing tracker designed for multiple rounds — log each order, the bank's answer amount, exemptions claimed, and the running balance.

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