Default Judgment? Not so Fast.

In Bollinger v. Sonic Industries, LLC, No. 126,871 (Kan. Ct. App. May 9, 2025), the Kansas Court of Appeals reminded us that a meritorious defense can justify relief—even if the party dropped the procedural ball.

Sonic was hit with a $107,000 default judgment as a garnishee after answering late and using the “wrong” form. The district court found no excusable neglect and called Sonic’s conduct “reckless indifference.”

But Sonic had a defense: the debtor never worked there.

The appellate court reversed and remanded with directions, holding that:

1. The district court made factual errors. Sonic did eventually use the correct form and did send a copy.
2. It committed a legal error by refusing to consider relief under K.S.A. 60-260(b)(6), the catch-all provision.

Kansas law favors judgments on the merits. When a garnishee never held assets and the debtor wasn’t their employee, the court has discretion to undo a technical default.

Lesson: Even without “excusable neglect,” if you’ve got a real defense, don’t give up.