reglab/housing_qa huggingface dataset:
KS Stat § 61-3601 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 36 - Executions|61-3601 Stay of proceedings to enforce judgments.

61-3601. Stay of proceedings to enforce judgments. The provisions of K.S.A. 60-262, and amendments thereto, shall apply to judgments entered under the code of civil procedure for limited actions, except as to judgments entered in eviction lawsuits under sections K.S.A. 61-3801 through 61-3808, and amendments thereto. A judgment entered in an eviction lawsuit may be enforced as soon as it is entered.History: L. 2000, ch. 161, § 62; Jan. 1, 2001.
KS Stat § 61-3602 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 36 - Executions|61-3602 Procedure.

61-3602. Procedure. General and special executions or orders of sale upon judgments entered under the code of civil procedure for limited actions shall be taken in the manner provided in article 24 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto. The provisions of K.S.A. 60-2410, 60-2414 and 60-2416, and amendments thereto, shall not be applicable to post-judgment proceedings pursuant to the code of civil procedure for limited actions, nor shall execution and orders of sale issued pursuant to the code of civil procedure for limited actions be levied upon real property of the judgment debtor except as provided in K.S.A. 60-2418, and amendments thereto.History: L. 2000, ch. 161, § 63; Jan. 1, 2001.
KS Stat § 61-3603 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 36 - Executions|61-3603 Exemption from seizure and sale.

61-3603. Exemption from seizure and sale. The provisions of article 23 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, relating to exemptions from seizure and sale, shall apply to attachments, executions and other process issued from any court in this state pursuant to the code of civil procedure for limited actions.History: L. 2000, ch. 161, § 64; Jan. 1, 2001.
KS Stat § 61-3604 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 36 - Executions|61-3604 Hearing in aid of execution.

61-3604. Hearing in aid of execution. (a) As an aid to the collection of a judgment, the judgment creditor is entitled to have an order for a hearing in aid of execution issued by the court at any time after 14 days after judgment. There is no requirement that an execution first be issued and returned unsatisfied. No application for such order needs to be filed except as specially required in this section.(b) An order for a hearing in aid of execution may be issued at the request of a judgment creditor in an individual case or by a master request covering more than one case, and shall require the judgment debtor to either: (1) Contact the judgment creditor or attorney prior to the date set for the hearing to furnish information under oath or penalty of perjury concerning the judgment debtor's property and income; or (2) appear and furnish information under oath or penalty of perjury when required by the court concerning the debtor's property and income before the court at a time and place specified in the order within the county where the court is situated. The court may cancel the hearing if the judgment debtor has furnished to the judgment creditor satisfactory information concerning the debtor's property and income prior to the date and time for the hearing. Witnesses may also be subpoenaed to testify at the hearing.(c) If the judgment debtor resides in another county in this state or outside of this state, the court can order such judgment debtor to appear if the court finds that it will not cause undue hardship on the judgment debtor to appear.(d) It shall be the duty of the judge to assist in the enforcement of the judgments of the court. To this end, at any hearing in aid of execution, when the existence of any nonexempt property of the judgment debtor is disclosed, the court shall order the judgment debtor to deliver the property to the sheriff or a duly appointed process server. If the property is other than currency, the property shall be sold in the same manner as other property taken under execution is sold and the proceeds from the sale shall be applied to the judgment and costs.History: L. 2000, ch. 161, § 65; L. 2002, ch. 157, § 13; L. 2010, ch. 135, § 214; July 1.
KS Stat § 61-3605 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 36 - Executions|61-3605 Order back procedure.

61-3605. Order back procedure. If a judgment debtor appears pursuant to an order for a hearing in aid of execution, the court may order the debtor to return to court from time to time to furnish current information under the procedure set forth in K.S.A. 61-3604, and amendments thereto. To avoid unnecessary filings, the court shall adopt a policy limiting the frequency with which the judgment debtor may be ordered to return to court. Such policy shall provide that a judgment debtor who has made regular payments as agreed between the parties, or who is found to be disabled and otherwise unable to pay, shall not be required to return to court more frequently than yearly.History: L. 2000, ch. 161, § 66; Jan. 1, 2001.
KS Stat § 61-3606 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 36 - Executions|61-3606 Contempt.

61-3606. Contempt. If a person fails to appear in response to an order for a hearing in aid of execution, or if a person who has been subpoenaed to testify at the hearing fails to appear or to testify concerning anything about which the person can lawfully be questioned, the court shall issue a citation for contempt to that person providing that the person must appear in court at a date and time specified to show cause why the debtor should not be held in contempt and punished for contempt. The citation for contempt does not need to be supported by affidavit or other verification.History: L. 2000, ch. 161, § 67; L. 2002, ch. 157, § 14; July 1.
KS Stat § 61-3607 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 36 - Executions|61-3607 Same; hearing; penalty.

61-3607. Same; hearing; penalty. If on hearing, the court determines that a judgment debtor is guilty of contempt, the court may punish the person by a fine in an amount to be set by the court or by imprisonment in the county jail for a period of not to exceed 30 days, or both. The court may also order the person guilty of contempt to pay the reasonable attorney fees incurred by the judgment creditor in the filing of the contempt citation and the hearing thereon.History: L. 2000, ch. 161, § 68; Jan. 1, 2001.
KS Stat § 61-3608 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 36 - Executions|61-3608 Bench warrant; hearing; penalty.

61-3608. Bench warrant; hearing; penalty. (a) If a person fails to comply with the requirements of K.S.A. 61-3606, and amendments thereto, or if it appears to the court that the person is hiding to avoid the process of the court or is about to leave the county for that purpose, the court may issue a bench warrant commanding the sheriff to whom it is directed to bring such person before the court to answer for contempt. The bench warrant does not need to be supported by affidavit or other verification. The court may make such orders concerning the release of the person pending the hearing as the court deems proper.(b) When such person is brought before the court, a hearing shall be held to determine if the person should be punished for contempt. If the court determines that the person is guilty of contempt, the court may punish the person by a fine in an amount to be set by the court or by imprisonment in the county jail for a period of not to exceed 30 days, or both. The court may also order the person guilty of contempt to pay the reasonable attorney fees incurred by the judgment creditor in the filing of the bench warrant and the hearing thereon.History: L. 2000, ch. 161, § 69; L. 2002, ch. 157, § 15; July 1.
KS Stat § 61-3609 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 36 - Executions|61-3609 Service at place of employment.

61-3609. Service at place of employment. If the judgment debtor is employed in this state and either the debtor is a nonresident of this state or the place of residence is unknown, the order for a hearing in aid of execution and citation for contempt may be served on the judgment debtor at the place of employment. An employer shall not unreasonably impede or impair the service of process on an employee who is a judgment debtor.History: L. 2000, ch. 161, § 70; Jan. 1, 2001.
KS Stat § 61-3610 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 36 - Executions|61-3610 Dormant judgment; revivor.

61-3610. Dormant judgment; revivor. The provisions of K.S.A. 60-2403 and 60-2404, and amendments thereto, shall apply to judgments entered under the code of civil procedure for limited actions.History: L. 2000, ch. 161, § 71; Jan. 1, 2001.
KS Stat § 61-3611 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 36 - Executions|61-3611 Substitution of judgment creditor.

61-3611. 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 judgment holder, by assignment, by operation of law, or otherwise, shall file a notice setting forth the basis for their claim, and thereafter such successor in interest shall be entitled to all the rights and remedies available to such successor's predecessor and may proceed to enforce the same in such successor's own name as such successor. It shall not be necessary to file with the clerk the documents which form the basis for the claim. If the validity of any such transfer is disputed by any party affected thereby, the court shall on reasonable notice to all interested parties whose whereabouts are known, determine the respective rights and liabilities of all the parties.History: L. 2000, ch. 161, § 72; Jan. 1, 2001.
KS Stat § 61-3703 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 37 - Replevin And Foreclosure Of Secured Interests|61-3703 Same; sale of property to satisfy judgment.

61-3703. Same; sale of property to satisfy judgment. (a) Any sale conducted under the provisions of this section shall be subject to the provisions of K.S.A. 60-2406, and amendments thereto, except that the disposition of proceeds after the satisfaction of senior security interests or liens shall be made in accordance with the provisions of K.S.A. 61-3705, and amendments thereto. The officer who shall be directed to sell the personal property, before the officer proceeds to sell the same, shall cause public notice to be given of the time and place of sale, 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 any newspaper published in the county, and which is qualified to carry legal publications, or, in the discretion of the court, by posting notices 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 cannot be sold at the special execution sale for want of bidders, the plaintiff may direct the officer to return the special execution showing that fact or, at the plaintiff's option, may report the same to the judge and obtain an order permitting a second sale under the same special execution and an extension of the return day of the special execution if that be necessary.(b) If the personal property to be sold shall consist of more than one item of property, the appropriate officer conducting such sale shall sell only so much of the personal property in the officer's custody as is necessary to satisfy the judgment, interest and costs, and shall return the balance of any property remaining unsold to the defendant by notifying the defendant of the time and place when same may be obtained.(c) Neither the officer conducting the sale nor any other member of the officer's staff may bid at any such sale.(d) The provisions of K.S.A. 60-2411, and amendments thereto, relating to advancement of printer's fees shall apply to this section.History: L. 2000, ch. 161, § 75; L. 2007, ch. 89, § 32; L. 2010, ch. 135, § 217; July 1.
KS Stat § 61-3704 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 37 - Replevin And Foreclosure Of Secured Interests|61-3704 Return; confirmation of sale.

61-3704. Return; confirmation of sale. Upon sale of such property, the appropriate officer shall make a return of such sale to the clerk of the court, together with an itemization of the officer's expenses of sale. The court, upon finding the proceedings regular and in conformity with law, shall confirm the same, and order the officer to make to the purchaser a certificate of sale. The certificate of sale shall accurately describe the property sold, name the purchaser and recite the facts of the sale. If a certificate of title is obtainable for such property under the laws of this state, the description of the property shall include the year, make, style and identification number of such property. A certificate of sale shall vest title to the property in the purchaser.History: L. 2000, ch. 161, § 76; Jan. 1, 2001.
KS Stat § 61-3705 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 37 - Replevin And Foreclosure Of Secured Interests|61-3705 Application of proceeds.

61-3705. Application of proceeds. (a) Upon the sale of personal property by the appropriate officer, the clerk of the court shall apply the proceeds of sale in the following priority:(1) To the court costs of the action including the officer's expenses and cost of publication;(2) in accordance with the provisions of K.S.A. 60-2406, and amendments thereto;(3) in satisfaction of all judgments rendered in the action against the defendant or the property in accordance with the priority determined by the court;(4) any surplus shall be paid to the defendant, except that if any other security interest holder, subsequent to the entering of the judgment of foreclosure, files with the clerk of the court a written notification of demand furnishing reasonable proof of the security interest holder's interest, the clerk shall withhold any payment to the defendant. Such security interest holder shall serve the defendant with notice of the demand within 14 days after such filing and furnish proof of such notice to the court.(b) If the defendant does not, within 14 days, notify the clerk in writing that the defendant takes exception to the demand of such security interest holder, the clerk shall apply the surplus to the demand and pay any balance to the defendant.(c) If the defendant, within 14 days, notifies the clerk in writing that the defendant takes exception to the demand, the clerk shall withhold all surplus in the clerk's possession for a period of 30 days. If the security interest holder has not commenced a separate action to recover the security interest holder's claim and garnished the clerk within the time, the clerk shall pay the surplus to the defendant.History: L. 2000, ch. 161, § 77; L. 2010, ch. 135, § 218; July 1.
KS Stat § 61-3801 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 38 - Evictions|61-3801 Scope.

61-3801. Scope. K.S.A. 61-3801 through 61-3808, and amendments thereto, shall govern lawsuits brought to evict a person from possession of real property or of an interest in real property.History: L. 2000, ch. 161, § 78; Jan. 1, 2001.
KS Stat § 61-3802 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 38 - Evictions|61-3802 Judgment not bar to other actions.

61-3802. Judgment not bar to other actions. A judgment in a lawsuit brought under K.S.A. 61-3801 through 61-3808, and amendments thereto, shall not be a bar to any subsequent lawsuit brought by either party for claims not included in such judgment.History: L. 2000, ch. 161, § 79; Jan. 1, 2001.
KS Stat § 61-3803 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 38 - Evictions|61-3803 Notice to leave premises.

61-3803. Notice to leave premises. Before a lawsuit to evict a person pursuant to K.S.A. 61-3801 through 61-3808, and amendments thereto, is filed, the party desiring to file such lawsuit shall deliver to the other party a notice to leave the premises for which possession is sought. The notice shall be delivered at least three days before commencing the lawsuit, by leaving a written copy with the other party or by leaving a copy thereof with any person over the age of 12 years residing on the premises described in such notice, or if no such person is found upon the premises, by posting a copy of such notice in a conspicuous place thereon, or by mailing a copy of the notice to the other party at the address of the premises described in the notice. The three day notice period provided for in this section shall be computed as three consecutive 24-hour periods to commence at the time the notice is delivered, posted or mailed. If the notice is mailed, an additional two days from the date of mailing shall be allowed for the person to leave the premises before the lawsuit is filed. Intermediate Saturdays, Sundays, legal holidays, and days on which the office of the clerk of the court is not accessible shall be included in the computation of the notice period. The notice may be combined with any notice provided for in K.S.A. 58-2540 et seq., and amendments thereto.History: L. 2000, ch. 161, § 80; L. 2002, ch. 157, § 16; L. 2010, ch. 11, § 18; April 1.
KS Stat § 61-3804 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 38 - Evictions|61-3804 Petition for claim.

61-3804. Petition for claim. The petition shall describe the premises for which possession is sought and why the plaintiff is seeking possession. If there is rent due for possession of the premises, the petition may include a request for judgment for that amount or the plaintiff may bring a subsequent lawsuit for that amount.History: L. 2000, ch. 161, § 81; L. 2002, ch. 157, § 17; July 1.
KS Stat § 61-3805 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 38 - Evictions|61-3805 Summons; time for appearance.

61-3805. Summons; time for appearance. The time stated in the summons requiring the defendant to appear in response to the petition shall be determined by the court. Such time shall be not less than three nor more than 14 days after the date the summons is issued.History: L. 2000, ch. 161, § 82; L. 2002, ch. 157, § 18; July 1.
KS Stat § 61-3806 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 38 - Evictions|61-3806 Appearance; answer.

61-3806. Appearance; answer. A defendant shall either appear in person or by counsel at the time and date set forth in the summons or file on or before such date a written answer. The answer, when filed, shall contain the information as required under subsection (b) of K.S.A. 61-2904, and amendments thereto.History: L. 2000, ch. 161, § 83; Jan. 1, 2001.
KS Stat § 61-3807 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 38 - Evictions|61-3807 Trial.

61-3807. Trial. (a) If a trial is necessary, the trial shall be conducted within 14 days after the appearance date stated in the summons.(b) No continuance shall be granted unless the defendant requesting a continuance shall file a bond with good and sufficient security approved by the court, conditioned for the payment of all damages and rent that may accrue if judgment is entered against the defendant.History: L. 2000, ch. 161, § 84; L. 2010, ch. 135, § 219; July 1.
KS Stat § 61-3808 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 38 - Evictions|61-3808 Writ of restitution.

61-3808. Writ of restitution. (a) If judgment is entered against the defendant for possession of the subject premises, the court shall issue, at the request of the plaintiff, a writ of restitution which shall direct anyone who is authorized to serve process and who is named in the writ to place the plaintiff in possession of the premises described in the writ.(b) The writ of restitution shall be executed within 14 days after the person named in the writ receives it, and that person shall file a return as with other writs under the code of civil procedure for limited actions. The person serving the writ may use such reasonable force as is necessary to execute the writ.(c) If the person named in the writ receives a notice from the court that the proceedings have been stayed by appeal, that person shall immediately delay all further proceedings upon the execution. If the premises have been restored to the plaintiff, the person named in the writ shall immediately place the defendant in the possession thereof.History: L. 2000, ch. 161, § 85; L. 2002, ch. 157, § 19; L. 2010, ch. 135, § 220; July 1.
KS Stat § 61-3901 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 39 - Appeals|61-3901 Grounds for appeal.

61-3901. Grounds for appeal. Any party to a civil action pursuant to the code of civil procedure for limited actions may appeal from:(a) A final judgment, except a judgment rendered on confession;(b) any order, ruling or decision which determines the action at any stage of the proceedings;(c) any order, ruling or decision that sustains or overrules a motion to dissolve an attachment or to discharge a garnishment; or(d) any order, ruling or decision that sustains or overrules a motion to vacate the levy under an execution on property claimed to be exempt under the laws of this state.History: L. 2000, ch. 161, § 86; Jan. 1, 2001.
KS Stat § 61-3902 (2021)
2021 Kansas Statutes|Chapter 61 - Procedure, Civil, For Limited Actions|Article 39 - Appeals|61-3902 Appeals; procedure.

61-3902. Appeals; procedure. (a) All appeals from orders, rulings, decisions or judgments of district magistrate judges who are not regularly admitted to practice law in Kansas under the code of civil procedure for limited actions shall be taken in the manner provided in subsection (a) of K.S.A. 60-2103a, and amendments thereto. All appeals from orders, rulings, decisions or judgments of district judges, or district magistrate judges who are regularly admitted to practice law in Kansas, under the code of civil procedure for limited actions shall be taken in the manner provided in subsections (a) and (b) of K.S.A. 60-2103, and amendments thereto. Notwithstanding the foregoing provisions of this subsection, if judgment has been rendered in an action for forcible detainer and the defendant desires to appeal from that portion of the judgment granting restitution of the premises, notice of appeal shall be filed within seven days after entry of judgment. The notice of appeal shall specify the party or parties taking the appeal; the order, ruling, decision or judgment appealed from; and the court to which the appeal is taken.(b) The provisions of K.S.A. 60-2001, and amendments thereto, shall apply to appeals pursuant to this section.(c) An appeal from an action heard by a district magistrate judge who is not regularly admitted to practice law in Kansas shall be taken to a district judge of the county. An appeal from an action heard by a district judge, or a district magistrate judge who is regularly admitted to practice law in Kansas, shall be taken to the court of appeals.History: L. 2000, ch. 161, § 87; L. 2010, ch. 135, § 221; L. 2014, ch. 71, § 9; July 1.