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eBook details

• Title: Harpster v. Reynolds
• Author : Supreme Court of Kansas
• Release Date : January 17, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

The opinion of the court was delivered by This is a postjudgment garnishment proceeding in which the
judgment creditor seeks to attach the wages of the judgment
debtor. The facts are not in dispute and are basically as
follows: Some time prior to April 9, 1973, the
plaintiff-appellant, Claude Harpster, obtained a judgment against
the defendant, Harold L. Reynolds, in the amount of $1250. This
garnishment proceeding was brought against Reynolds's employer,
Bruenger Truck Company, to garnishee Reynolds's wages. We will
refer to Bruenger Truck Company as the truck company or the
employer. Bruenger Truck Company is engaged in an interstate
trucking business. Reynolds was one of its drivers. The evidence
presented [215 Kan. 328]
at the hearing shows that Bruenger's drivers are paid by the
trip, not by the week or month. The truck company has established
the following procedure which had been in effect at least two
years prior to the serving of the garnishment summons: The truck
company advances money to each driver prior to his starting out
on a trip. This money is to be used for trip expenses. In
addition, the truck company has established a line of credit for
its drivers at various truck stops throughout the United States.
There a driver may obtain limited amounts of money or services.
On notice the truck company will promptly repay such persons for
money or services advanced to the driver. When the driver returns
to the company's home office in Wichita he makes a full
accounting for fuel and other expenses of the trip properly
chargeable to his employer. All legitimate expenses are itemized
and the driver turns in cash tickets for moneys advanced to him.
The expenses are checked against the moneys advanced and at the
same time the driver's wages are determined on a mileage basis
which, of course, varies with each trip. If there is a balance in
favor of the driver, he is paid by check. If there is a balance
in favor of the truck company, the driver is paid nothing and
stands indebted to the truck company. This is the standard
procedure which Bruenger uses in dealing with all of its truck
drivers.

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