reglab/housing_qa huggingface dataset:
KS Stat § 60-2401 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 24 - Executions And Orders Of Sale|60-2401 Writ of execution.

60-2401. Writ of execution. (a) Definitions. A general execution is a direction to an officer to seize any nonexempt property of a judgment debtor and cause it to be sold in satisfaction of the judgment. A special execution or order of sale is a direction to an officer to effect some action with regard to specified property as the court determines necessary in adjudicating the rights of parties to an action. Notwithstanding the provisions of K.S.A. 60-706, and amendments thereto, executions served under this section shall be by personal service and not by certified mail return receipt requested. If personal service cannot be obtained, other forms of service of process are hereby authorized.(b) By whom issued. At the request of any interested person, executions and orders of sale shall be issued by the clerk and signed by a judge. Such executions and orders shall be directed to the appropriate officers of the counties where such executions and orders are to be levied.To the extent authorized by K.S.A. 39-7,152, and amendments thereto, the secretary for children and families may issue an order of execution, which shall be directed to the appropriate officer of the county where the execution is to be levied. The secretary shall deliver the execution to the appropriate officer, and a copy of the execution shall be filed with the clerk of the district court where the support order was entered or registered. The execution shall thereafter be treated in all respects as though it had been issued at the request of the secretary by the clerk of court where the support order was entered or registered.(c) When returnable. The officer to whom any execution or order of sale is directed shall return it to the court from which it is issued within 60 days from the date thereof. If the execution was issued by the secretary for children and families, the return shall be made to the court where the underlying support order was entered or registered.(d) Manner of levy. Except as provided in subsection (a), a general execution shall be levied upon any real or personal nonexempt property of the judgment debtor in the manner provided for the service and execution of orders of attachment under K.S.A. 60-706 through 60-710, and amendments thereto. Oil and gas leaseholds, for the purposes of this article, shall be treated as real property. Special executions or orders of sale shall be levied and executed as the court determines.History: L. 1963, ch. 303, 60-2401; L. 1983, ch. 200, § 1; L. 1992, ch. 290, § 2; L. 1997, ch. 182, § 74; L. 2004, ch. 7, § 1; L. 2014, ch. 115, § 235; July 1.
KS Stat § 60-2402 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 24 - Executions And Orders Of Sale|60-2402 Multiple executions.

60-2402. Multiple executions. Subject to any rights, liens, or preferences existing by law independently of the levy of an execution, when two (2) or more general executions are levied against property of the same judgment debtor, their priorities and all questions pertaining thereto shall be determined in the same manner as is provided for conflicting claims and multiple attachment orders in K.S.A. 60-713.History: L. 1963, ch. 303, 60-2402; Jan. 1, 1964.
KS Stat § 60-2404 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 24 - Executions And Orders Of Sale|60-2404 Revivor of dormant judgment.

60-2404. Revivor of dormant judgment. A dormant judgment may be revived and have the same force and effect as if it had not become dormant if the holder thereof files a motion for revivor and files a request for the immediate issuance of an execution thereon if such motion is granted. Notice of the filing of the motion shall be given as for a summons under article 3 of this chapter. If the motion for revivor was filed within two years after the date on which the judgment became dormant or, in the case of a child support judgment, was filed during the period prior to the child's emancipation, within two years after the child's emancipation or within two years after the judgment became dormant, whichever is later, on the hearing thereof the court shall enter an order of revivor unless good cause to the contrary be shown, and thereupon the execution shall issue forthwith. On the hearing of a motion to revive a child support judgment, the court may enter an order to prevent the unjust enrichment of any party or to ensure that payments will be disbursed to the real party in interest. A judgment may also be revived by the filing of a written stipulation of revivor signed by all of the parties affected thereby. For the purpose of this section, a support enforcement proceeding, as defined by K.S.A. 60-2403 and amendments thereto, or any attachment or garnishment process shall have the same effect as the issuance of an execution.History: L. 1963, ch. 303, 60-2404; L. 1988, ch. 218, § 3; L. 1990, ch. 208, § 1; L. 1992, ch. 103, § 2; July 1.
KS Stat § 60-2405 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 24 - Executions And Orders Of Sale|60-2405 Substitution of judgment creditor.

60-2405. Substitution of judgment creditor. Any person who claims to have succeeded to the interest of the holder of a judgment by appointment as personal representative for a deceased or incompetent judgment holder, by assignment, by operation of law, or otherwise, shall file with the clerk a copy of his or her letters as personal representative, assignment, or proceedings effecting such transfer, and thereafter such successor in interest shall be entitled to all the rights and remedies available to his or her predecessor and may proceed to enforce the same in his or her own name as such successor. If the validity of any such transfer be controverted by any party affected thereby, the court shall, on reasonable notice to all interested parties whose whereabouts are known, determine the respective rights and liabilites of all the parties.History: L. 1963, ch. 303, 60-2405; Jan. 1, 1964.
KS Stat § 60-2406 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 24 - Executions And Orders Of Sale|60-2406 Sale subject to liens.

60-2406. Sale subject to liens. The interest of a judgment debtor in property, either real or personal, may be levied upon and sold on execution subject to liens or encumbrances already existing. If the holder of a lien or other security interest in tangible personal property asserts a right of possession thereto and does not consent to an execution sale subject to his or her interest, the sale shall not be completed unless for an amount in excess of such senior interest as determined by the court, and in such event the property shall be delivered by the officer to the lienholder entitled to the same. If the sale is completed, the net proceeds thereof shall be applied to the satisfaction of the senior interest in full and the balance applied to the judgment debt.History: L. 1963, ch. 303, 60-2406; Jan. 1, 1964.
KS Stat § 60-2407 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 24 - Executions And Orders Of Sale|60-2407 Levy on property claimed by third person.

60-2407. Levy on property claimed by third person. If the officer, by virtue of an execution issued from any court of record in this state, shall levy the same on any goods and chattels claimed by any person other than the defendant, or be requested by the plaintiff to levy on any such goods and chattels, the officer may, before proceeding, require the plaintiff to give him or her an undertaking with good and sufficient sureties to pay all costs and damages that he or she may sustain by reason of the detention or sale of such property.History: L. 1963, ch. 303, 60-2407; Jan. 1, 1964.
KS Stat § 60-2408 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 24 - Executions And Orders Of Sale|60-2408 Forthcoming bond.

60-2408. Forthcoming bond. In all cases where an officer shall by virtue of an execution levy upon any goods or chattels, they may be left in the possession of the defendant or some other person pending sale if the officer take an undertaking from such person with security in such sum as the officer deem sufficient. The undertaking shall be to the effect that such person will deliver the property to the officer at the time and place fixed for sale. The officer shall give such person written notice of the time and place fixed for the sale by delivery in person or by restricted mail.History: L. 1963, ch. 303, 60-2408; Jan. 1, 1964.
KS Stat § 60-2409 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 24 - Executions And Orders Of Sale|60-2409 Notice of sale of personal property; resale.

60-2409. Notice of sale of personal property; resale. The officer who levies upon personal property, before such officer proceeds to sell the same, shall cause public notice to be given of the time and place of sale, for at least 14 days before the day of sale. The notice shall be given by publication at least once each week for two consecutive weeks in some newspaper meeting the qualifications prescribed by K.S.A. 64-101, and amendments thereto, or, in the discretion of the court, by putting up advertisements in five public places in the county, one of which shall be on a bulletin board established for public notices in the county courthouse. Within seven days of the date of first publication or posting of notice, plaintiff shall send by restricted mail a copy of such notice to the defendant and to those persons known by the plaintiff to have a security interest in the property. Such notice shall be sent to the last known address of the person to whom sent and shall be in compliance with K.S.A. 2021 Supp. 84-1-202(d) and (e), and amendments thereto. If the personal property levied upon cannot be sold at the execution sale for want of bidders, the judgment creditor may direct the officer to return the execution showing that fact or, at such creditor's option, such creditor may report the same to the judge and obtain an order permitting a second sale under the same execution and an extension of the return day of the execution if that be necessary.History: L. 1963, ch. 303, 60-2409; L. 1972, ch. 224, § 1; L. 1976, ch. 255, § 1; L. 2007, ch. 89, § 31; L. 2010, ch. 135, § 182; July 1.
KS Stat § 60-2411 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 24 - Executions And Orders Of Sale|60-2411 Printer's fees advanced.

60-2411. Printer's fees advanced. The officer who levies upon personal property, or lands and tenements, or who is charged with the duty of selling the same, by virtue of any writ of execution, may refuse to publish a notice of the sale thereof by advertisement in a newspaper until the party for whose benefit such execution issued, his or her agent or attorney, shall advance to such officer, on demand, so much money as will be sufficient to discharge the fees of the printer for publishing such notice.History: L. 1963, ch. 303, 60-2411; Jan. 1, 1964.
KS Stat § 60-2412 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 24 - Executions And Orders Of Sale|60-2412 Restriction on purchasers.

60-2412. Restriction on purchasers. No officer making the sale of property, either real or personal, nor any appraiser of such property, shall either directly or indirectly purchase the same, and any such sale, if made, shall be fraudulent and void.History: L. 1963, ch. 303, 60-2412; Jan. 1, 1964.
KS Stat § 60-2413 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 24 - Executions And Orders Of Sale|60-2413 Contribution between joint obligors.

60-2413. Contribution between joint obligors. (a) Generally. Persons jointly liable to another in contract are entitled to contribution among themselves as heretofore recognized by principles of equity. Such right of contribution may be asserted in separate actions or by way of cross-claim, interpleader, or intervention under the provisions of article 2.(b) Judgment debtors. A right of contribution or indemnity among judgment debtors, arising out of the payment of the judgment by one or more of them, may be enforced by execution against the property of the judgment debtor from whom contribution or indemnity is sought.History: L. 1963, ch. 303, 60-2413; Jan. 1, 1964.
KS Stat § 60-2415 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 24 - Executions And Orders Of Sale|60-2415 Sheriff's return of sale.

60-2415. Sheriff's return of sale. (a) Certificate of purchase. The sheriff shall at once make a return of all sales made under this article to the court. All taxes due or delinquent shall be noted on the sheriff's return. If the court finds the proceedings regular and in conformity with law and equity, it shall confirm the same, direct the clerk to make such entry upon the journal and order the sheriff to make to the purchaser the certificate of sale or deed provided for in this article.(b) Equity powers of court. The court may decline to confirm the sale where the bid is substantially inadequate, or in ordering a sale or a resale, may, in its discretion, if conditions or circumstances warrant and after a proper hearing, fix a minimum or upset price at which the property must be bid in if the sale is to be confirmed; or the court may, upon application for the confirmation of the sale, if it has not theretofore fixed an upset price, conduct a hearing to establish the value of the property, and as a condition to confirmation require the fair value of the property be credited upon the judgment, interest, taxes and costs. A sale for the full amount of the judgment, taxes, interest and costs shall be deemed adequate.History: L. 1963, ch. 303, 60-2415; L. 1988, ch. 219, § 2; July 1.
KS Stat § 60-2416 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 24 - Executions And Orders Of Sale|60-2416 Sheriff's deed as evidence of legality; sufficiency of order.

60-2416. Sheriff's deed as evidence of legality; sufficiency of order. Every deed for any lands or tenements heretofore or hereafter made and executed by any sheriff or other officer, purporting to have been made under or in pursuance of any execution, process or judgment of any court of record in this state, shall be sufficient evidence of the legality of the sale and the proceedings therein until the contrary be proved, and shall vest in the purchaser as good and perfect an estate in the premises therein mentioned as was vested in the person or persons against whom the execution, writ or order was issued at or after the time when such lands and tenements became liable to the satisfaction of the judgment or lien for which the same was sold. Any order of confirmation of any such sale shall be sufficient if it shall appear that the court ordered such sheriff or other officer to make to the purchaser a deed or certificate of sale for the lands and tenements so sold. Title to the property thereby conveyed shall vest in the grantee as of the date of execution of the sheriff's deed.History: L. 1963, ch. 303, 60-2416; Jan. 1, 1964.
KS Stat § 60-2417 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 24 - Executions And Orders Of Sale|60-2417 Executions in special cases.

60-2417. Executions in special cases. (a) Delivery of property. If the execution be for the delivery of the possession of real or personal property, it shall require the officer to deliver the same, particularly describing the property, to the party entitled thereto, and may at the same time require the officer to satisfy any costs or damages recovered in the same judgment out of the personal property of the party against whom it was rendered; and for the want of such personal property, then out of the lands and tenements; and in this respect it shall be deemed an execution against the property.(b) Execution to conform to judgment; insufficiency. In special cases not hereinbefore provided for the execution shall conform to the judgment or order of the court. When a judgment for any specified amount, and also the sale of specific real or personal property, shall have been rendered, and an amount sufficient to satisfy the amount of the debt or damages and cost be not made from the sale of property specified, an execution may issue for the balance as in other cases.History: L. 1963, ch. 303, 60-2417; Jan. 1, 1964.
KS Stat § 60-2418 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 24 - Executions And Orders Of Sale|60-2418 Judgment liens; revival of judgment.

60-2418. Judgment liens; revival of judgment. (a) In all cases in which a judgment is rendered pursuant to the code of civil procedure for limited actions, the party in whose favor judgment is rendered may pay the fee prescribed by K.S.A. 28-170 and amendments thereto. Upon payment of the fee the clerk of the district court in the county in which the judgment was rendered shall renumber the case as a case filed under this chapter and enter payment of the fee and the renumbering of the case on the appearance docket of the case. After such payment of the fee and renumbering of the case, such judgment may be filed in any county in which real property of the judgment debtor is located pursuant to K.S.A. 60-2202, and amendments thereto. The judgment shall become a lien on the real estate of the judgment debtor in the county from the date of the entry. Execution to satisfy the judgment shall proceed in the same manner as original judgments in the district court pursuant to this chapter.(b) If any judgment filed pursuant to this section becomes dormant, it may be revived in the same manner as other judgments in the district court.History: L. 1963, ch. 303, 60-2418; L. 1976, ch. 251, § 35; L. 1977, ch. 109, § 34; L. 1977, ch. 112, § 27; L. 1984, ch. 147, § 15; L. 2000, ch. 161, § 115; L. 2002, ch. 157, § 1; July 1.
KS Stat § 60-2420 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 24 - Executions And Orders Of Sale|60-2420 General execution; notice.

60-2420. General execution; notice. If a general execution is issued, a notice shall be served on the defendant along with the writ of execution, notifying the defendant of the following:(a) That a general execution has been issued directing an officer to seize any nonexempt property of the defendant to be sold in satisfaction of the judgment against the defendant;(b) of the defendant's right to assert any claim of exemption allowed under the law with respect to the property seized; and(c) of the defendant's right to a hearing on such claim.The notice shall contain a description of the exemptions that are applicable to general executions and the procedure by which the defendant can assert any claim of exemption and shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council. The return filed with the writ of execution shall indicate that a copy of the notice was served on the defendant along with the writ.History: L. 1999, ch. 131, § 1; L. 2005, ch. 101, § 16; July 1.
KS Stat § 60-2501 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 25 - Lost Or Destroyed Court Files And Records|60-2501 Restoration of records and papers lost or destroyed.

60-2501. Restoration of records and papers lost or destroyed. If any original bond, pleading, process, affidavit, order, judgment, docket entry, journal entry, notice, return, release, record or other paper filed or recorded in any action or proceeding in any court of record be lost or destroyed, the court may restore the same by allowing a copy thereof to be substituted.History: L. 1963, ch. 303, 60-2501; Jan. 1, 1964.
KS Stat § 60-2502 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 25 - Lost Or Destroyed Court Files And Records|60-2502 Application for restoration.

60-2502. Application for restoration. The application for the restoration or substitution of any such paper or record so lost or destroyed may be made by any party to the action wherein it was filed or recorded, or by any person claiming under such party, and shall be verified by his or her affidavit.History: L. 1963, ch. 303, 60-2502; Jan. 1, 1964.
KS Stat § 60-2503 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 25 - Lost Or Destroyed Court Files And Records|60-2503 Notice of hearing of application.

60-2503. Notice of hearing of application. Notice of the hearing on the application shall be given in the same manner as provided for summons and service of process by article 3 of this chapter.History: L. 1963, ch. 303, 60-2503; Jan. 1, 1964.
KS Stat § 60-2504 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 25 - Lost Or Destroyed Court Files And Records|60-2504 Reopening proceedings.

60-2504. Reopening proceedings. Where the notice is given by publication service, the proceedings may be reopened in accordance with the proceedings provided by K.S.A. 60-309.History: L. 1963, ch. 303, 60-2504; Jan. 1, 1964.
KS Stat § 60-2505 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 25 - Lost Or Destroyed Court Files And Records|60-2505 Records affecting titles ceasing to impart notice.

60-2505. Records affecting titles ceasing to impart notice. Judicial files and records affecting the title to real estate which have been lost or destroyed shall not be deemed to impart constructive notice of their contents, so as to bind purchasers in good faith, unless an application for the restoration of the same shall be filed within one (1) year from date of the destruction or loss.History: L. 1963, ch. 303, 60-2505; Jan. 1, 1964.
KS Stat § 60-2506 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 25 - Lost Or Destroyed Court Files And Records|60-2506 Remedies deemed cumulative.

60-2506. Remedies deemed cumulative. The provisions of this article are cumulative only and shall not be deemed to supplant any other means of establishing lost or destroyed records.History: L. 1963, ch. 303, 60-2506; Jan. 1, 1964.
KS Stat § 60-2601 (2021)
2021 Kansas Statutes|Chapter 60 - Procedure, Civil|Article 26 - General Provisions|60-2601 Duties of court clerk.

60-2601. Duties of court clerk. (a) General powers and duties. In the performance of their duties all clerks of record shall be under the direction of the court.(b) Dockets. Subject to the provisions of K.S.A. 60-2601a, and amendments thereto, the clerk of the court shall keep the following dockets or other records which may be ordered by the court in the following manner:(1) Appearance docket. The clerk shall keep one or more appearance dockets and enter each civil action in the docket. Actions within each appearance docket shall be assigned consecutive file numbers. The file number of each action shall be noted on the docket on which the first entry of the action is made. All papers filed with the clerk, all process issued and returns made and, all appearances, orders, verdicts and judgments shall be noted chronologically on the appearance docket. These notations shall be brief but shall show the nature of each paper filed or writ issued and the substance of each order or judgment of the court and of the returns showing execution of process.(2) General index. The general index shall be kept in a form in which names are arranged in alphabetical order. Plaintiffs, petitioners, defendants and respondents shall be listed as well as the case file number.(c) Issuance of writs and orders. All writs and orders for provisional remedies shall be issued by the clerks of the several courts, upon praecipes filed with the clerk, demanding the writs and orders.(d) Filing and preservation of papers. Except as otherwise provided by law, it is the duty of the clerk of each of the courts to file together and carefully preserve in the office of the clerk all papers delivered to the clerk for that purpose, in every action or special proceeding. The date and time of receipt of filings received by the clerk shall be recorded.History: L. 1963, ch. 303, 60-2601; L. 1971, ch. 197, § 1; L. 1976, ch. 257, § 1; L. 1976, ch. 251, § 37; L. 1977, ch. 109, § 35; L. 1982, ch. 251, § 1; L. 1984, ch. 147, § 16; L. 1991, ch. 165, § 2; L. 2011, ch. 96, § 3; July 1.