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Tuesday, June 17, 2014

Bill Pending in the Kansas Legislature that Related to Electronic Service Died


Kansas  House Bill 2116, introduced in 2013, died in committee on May 30, 2014.  The Bill mentioned in this blog post in February last year read in part:

     When a case is electronically filed and process is to be served
     under this subsection, the chief judge of each judicial district shall
     determine the procedure for service of process through an agreement with      a local enforcement agency.

Honestly I am not 100% sure what this section of the bill was meant to enable except that it appears that it would have given local law enforcement agencies the more authority to serve garnishments and levies by electronic means. 
 
It is worth noting that service by first class mail, facsimile and electronic mail of garnishments is already on the books in Kansas. 

Other service methods for garnishments.
In addition to other methods listed in this section, a person serving a garnishment process may serve the process by any of the following methods:
 
First-class mail.
Process may be sent to a person by first-class mail by placing a copy of the process and petition or other document to be served in an envelope addressed to the person to be served in accordance with K.S.A. 60-304, and amendments thereto, at the person's last known address. The envelope used for service must be addressed to the person in accordance with K.S.A. 60-304, and amendments thereto, and must contain adequate postage. The envelope must be sealed and placed in the United States mail. Service by first-class mail is complete when the
envelope is placed in the mail unless it is returned undelivered.
 
Telefacsimile communication.
Process may be sent to a garnishee by telefacsimile communication at a telefacsimile number designated by the garnishee. Service is complete upon receipt of a confirmation generated by the transmitting machine.
 
Internet electronic mail.
Process may be sent to a garnishee by internet electronic mail at an internet electronic mail address designated by the garnishee and as provided by supreme court rules. Service is complete upon receipt of an electronic confirmation of delivery

Perhaps a process server in Kansas that is familiar with the existing laws and statutes can shed some light on what the current practice is for this document type and exactly what this Bill would have done.
 
by jeff karotkin