Southwestern Bell Yellow Pages, Inc. v. Beadle

Caplinger, J.:

AirTran Airways, Inc. (AirTran), garnishee, appeals from the district court’s denial of its motion under K.S.A. 60-260(b) to set aside a default judgment obtained by the garnishor, Southwestern Bell Yellow Pages, Inc. (SWB), under K.S.A. 61-3514 based upon AirTran’s failure to answer a wage garnishment order.

The district court entered default judgment against AirTran under K.S.A. 61-3514, which provides specific authority for entering a default judgment against a garnishee. However, that statute does not set out a mechanism or procedure whereby a garnishee may move to set aside…