reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 7 - Attachment And Garnishment › 60-738 Same; reply; notification and hearing; burden of proof.

60-738. Same; reply; notification and hearing; burden of proof.
(a) No later than 14 days after the garnishee makes the answer and sends it to the judgment creditor and judgment debtor, the judgment creditor or judgment debtor, or both, may file a reply disputing any statement in the answer of the garnishee. A copy of the reply shall be sent by the party filing same to the other party, to any other judgment creditors affected and to the garnishee. The party filing the reply shall notify the court and schedule a hearing on the reply to be held within 30 days after filing of the reply.
(b) At the hearing, the court shall determine and rule on all issues related to the reply. The burden of proof shall be upon the party filing the reply to disprove the statements of the answer, except that the garnishee shall have the burden of proving offsets or indebtedness claimed to be due from the judgment debtor to the garnishee, or liens asserted by the garnishee against personal property of the judgment debtor. The provisions of K.S.A. 60-719, and amendments thereto, relating to offsets claimed by the garnishee shall be applicable to lawsuits filed pursuant to the code of civil procedure for limited actions.
History:
L. 2002, ch. 198, § 11; L. 2010, ch. 135, § 164; L. 2012, ch. 68, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 7 - Attachment And Garnishment › 60-739 Garnishee's payment to the judgment creditor; refund of overpayment; release of funds; nonliability of garnishee.

60-739. Garnishee's payment to the judgment creditor; refund of overpayment; release of funds; nonliability of garnishee.
(a) The court shall direct the garnishee to pay to the judgment creditor such amount that the garnishee is holding, as indicated by the answer, or such lesser amount as warranted, if:
(1) The garnishment has attached to intangible property other than earnings of the judgment debtor;
(2) fourteen days have passed since receipt of the answer of the garnishee by the judgment creditor; and
(3) no reply to the answer has been filed.
(b) The judgment creditor shall promptly refund to the judgment debtor any overpayment of the claim. The garnishee may release the funds, credits or indebtedness that have been attached pursuant to the order of garnishment if no order to pay the judgment creditor has been received within 60 days following the receipt of the answer of the garnishee by the judgment creditor.
(c) The garnishee shall not be liable to any judgment creditor or judgment debtor and shall not be assessed any penalty by reason of any action taken in good faith by the garnishee in accordance with the provisions of article 7 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2002, ch. 198, § 12; L. 2003, ch. 131, § 1; L. 2010, ch. 135, § 165; L. 2012, ch. 68, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 7 - Attachment And Garnishment › 60-740 Payment of earnings to judgment debtors and creditors.

60-740. Payment of earnings to judgment debtors and creditors.
This section must apply if the garnishment is to attach earnings of the judgment debtor. If no reply is made to the answer of garnishee within 14 days following the date the garnishee has completed the answer, the garnishee must promptly thereafter pay the earnings withheld as indicated on the answer to all judgment creditors designated on the answer in the amount due each as indicated on the answer, and thereafter continue to pay the earnings withheld as they are withheld, unless the garnishee receives prior to such payment an order of the court to the contrary. If any judgment creditor receives more than they are entitled to, that judgment creditor must promptly return the excess amount to the garnishee for distribution pro-rata to the other judgment creditors designated on the answer, or if no such other judgment creditors are designated, the garnishee must promptly pay the excess amount to the judgment debtor.
History:
L. 2002, ch. 198, § 13; L. 2010, ch. 85, § 3; L. 2011, ch. 91, § 24; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 7 - Attachment And Garnishment › 60-741 Failure to answer; motion; hearing; expenses and attorney fees.

60-741.
Failure to answer; motion; hearing; expenses and attorney fees.
If the garnishee fails to answer within the time and manner specified in the order of garnishment, the judgment creditor may file a motion and shall send a copy of the motion to the garnishee and the judgment debtor in the manner allowed under K.S.A. 60-205, and amendments thereto. At the hearing on the motion, the court may grant judgment against the garnishee for the amount of the judgment creditor's judgment or claim against the judgment debtor or for such other amount as the court deems reasonable and proper, and for the expenses and attorney fees of the judgment creditor. If the claim of the plaintiff has not been reduced to judgment, the liability of the garnishee shall be limited to the judgment ultimately rendered against the judgment debtor.
History:
L. 2002, ch. 198, § 14; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 7 - Attachment And Garnishment › 60-742 Garnishee's failure or refusal to pay or deliver property; motion; hearing; contempt; fine or order against garnishee.

60-742.
Garnishee's failure or refusal to pay or deliver property; motion; hearing; contempt; fine or order against garnishee.
If after the time the garnishee is to make payment of funds or property held under a garnishment, the garnishee fails or refuses to pay or deliver property to the judgment creditor, the judgment creditor may file a motion and shall send a copy of the motion to the garnishee and the judgment debtor in the manner allowed under K.S.A. 60-205, and amendments thereto. At the hearing on the motion, the court may find the garnishee in contempt and punish the garnishee by a fine or may enter judgment against the garnishee for such amount as the court deems reasonable and proper, including the expenses and attorney fees of the judgment creditor.
History:
L. 2002, ch. 198, § 15; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 7 - Attachment And Garnishment › 60-743 Forms used in garnishment proceedings.

60-743.
Forms used in garnishment proceedings.
The forms set forth by the judicial council are sufficient under this act and are intended to indicate the simplicity and brevity of statement which this act contemplates.
History:
L. 2002, ch. 198, § 16; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 7 - Attachment And Garnishment › 60-744 Act supplemental to civil code.

60-744.
Act supplemental to civil code.
The provisions of K.S.A. 60-729 through 60-744, and amendments thereto, shall be part of and supplemental to the code of civil procedure.
History:
L. 2002, ch. 198, § 17; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 8 - Mandamus › 60-801 Nature of mandamus.

60-801.
Nature of mandamus.
Mandamus is a proceeding to compel some inferior court, tribunal, board, or some corporation or person to perform a specified duty, which duty results from the office, trust, or official station of the party to whom the order is directed, or from operation of law.
History:
L. 1963, ch. 303, 60-801; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 8 - Mandamus › 60-802 Procedure for relief.

60-802.
Procedure for relief.
(a) Generally. Relief in the form of mandamus shall be obtained under the same procedure as relief in other civil actions. If it be desired in connection with any mandamus proceeding to stay any proceedings or acts pending determination of the mandamus proceeding, the plaintiff may combine therewith an application for relief under article 9 of this chapter. The judgment in mandamus shall specify with particularity the act or acts which the defendant is compelled to perform or enjoined from performing.
(b) Peremptory order. When the right to require the performance of the act is clear, and it is apparent that no valid excuse can be given for not performing it, a peremptory order of mandamus may be allowed in the first instance.
(c) Damages. If judgment be given for the plaintiff, he or she may also recover such damages as he or she may have sustained by reason of the failure of the defendant to perform the specified duty, together with costs.
History:
L. 1963, ch. 303, 60-802; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 8 - Mandamus › 60-803 Penalty for disobedience.

60-803.
Penalty for disobedience.
Disobedience of any judgment in mandamus may, in addition to other appropriate remedies or damages be punished as for contempt.
History:
L. 1963, ch. 303, 60-803; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 9 - Injunction › 60-901 Nature of injunction.

60-901.
Nature of injunction.
Injunction is an order to do or refrain from doing a particular act. It may be the final judgment in an action, and it may also be allowed as a provisional remedy.
History:
L. 1963, ch. 303, 60-901; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 9 - Injunction › 60-902 Provisional remedies; when granted.

60-902.
Provisional remedies; when granted.
When it appears by a verified pleading or affidavit that a party is entitled to the relief demanded, and such relief or any part thereof consists in restraining the commission or continuance of some act, the commission or continuance of which during the litigation would produce injury to a party; or when during the litigation it appears that a party is doing or threatens or is about to do, or is procuring or suffering to be done, some act in violation of a party's rights respecting the subject of the action, or tending to render the judgment ineffectual, an order may be granted to restrain such act.
History:
L. 1963, ch. 303, 60-902; L. 1976, ch. 251, § 21; January 10, 1977.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 9 - Injunction › 60-904 Disputes concerning employment.

60-904.
Disputes concerning employment.
(a) Notice. No restraining order shall be issued growing out of any labor dispute until after reasonable notice to the party or parties to be restrained and an opportunity to be heard, unless the judge finds that irreparable injury is likely to occur to the person or property of the plaintiff before notice could be served or a hearing held, and such order shall not be granted for a period in excess of seven days.
(b) Bond. No restraining order issued under subsection (a) of this section shall operate unless the party obtaining the same shall give an undertaking as provided in subsection (b) of K.S.A. 60-905, and amendments thereto.
(c) Restraint prohibited in certain cases. No restraining order or injunction shall prohibit any person or persons, from terminating any relation of employment, or from ceasing to perform any work or labor, or from recommending, advising, or persuading others by peaceful means to do so; or from attending at or near a house or place where any person resides or works, or carries on business, or happens to be for the purpose of peacefully obtaining or communicating information, or of peacefully persuading any person to work or to abstain from working; or from ceasing to patronize or to employ any party to such dispute; or from recommending, advising, or persuading others by peaceful means to do so; or from paying or giving to or withholding from any person engaged in such dispute any strike benefits or other moneys or things of value; or from peaceably assembling at any place in a lawful manner and for lawful purposes; or from doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto, or from any activity over which the federal authority is exercising exclusive jurisdiction.
History:
L. 1963, ch. 303, 60-904; L. 2010, ch. 135, § 167; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 9 - Injunction › 60-905 Temporary injunction; notice, hearing and bond.

60-905.
Temporary injunction; notice, hearing and bond.
(a) Notice and hearing. No temporary injunction shall be granted until after reasonable notice to the party to be enjoined and an opportunity to be heard.
(b) Bond. Unless otherwise provided by statute or this section, no temporary injunction shall operate unless the party obtaining the same shall give an undertaking with one or more sufficient sureties in an amount fixed and approved by the judge of the court, securing to the party injured the damages such injured party may sustain including attorney fees if it be finally determined that the injunction should not have been granted. Neither the state nor any of its agencies shall be required to give an undertaking with one or more sufficient sureties in order to be granted a temporary injunction. For any other party, at the discretion of the judge, the undertaking required by this subsection may be waived.
History:
L. 1963, ch. 303, 60-905; L. 1988, ch. 214, § 1; L. 1993, ch. 108, § 2; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 9 - Injunction › 60-906 Form and scope of order.

60-906.
Form and scope of order.
Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the petition or other document, the act or acts sought to be restrained; and shall be binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in concert or participation with them who receive actual notice of the order by personal service or otherwise. The order may be issued and served on Sunday, a legal holiday, or a day on which the office of the clerk of the court is not accessible.
History: L. 1963, ch. 303, 60-906; L. 1990, ch. 202, § 31; L. 1994, ch. 273, § 13; L. 2010, ch. 11, § 16; April 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 9 - Injunction › 60-907 Illegal acts of public officers.

60-907.
Illegal acts of public officers.
(a) Illegal tax, charge or assessment. Injunctive relief may be granted to enjoin the illegal levy of any tax, charge or assessment, the collection thereof, or any proceeding to enforce the same.
(b) Unauthorized contracts. Injunctive relief may be granted to enjoin any public officer, board, or body from entering into any contract or doing any act not authorized by law that may result in the creation of an additional levy of a tax, charge or assessment.
(c) Joinder. Any number of persons whose property is or may be affected or whose taxes may be increased by the illegal acts mentioned in subsections (a) and (b) of this section may join in the petition for injunction.
(d) Bond. Where it is shown to the judge that continued procedure under the illegal acts may render the proceedings moot, the judge may, in his or her discretion grant a temporary injunction without bond being required.
History:
L. 1963, ch. 303, 60-907; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 9 - Injunction › 60-908 Abatement of common nuisance.

60-908.
Abatement of common nuisance.
A private party may enjoin the continuance of a common nuisance affecting his or her personal rights, and in addition thereto, an injunction may be granted in the name of the state to suppress the keeping or maintenance thereof. The petition may be verified on information and belief, and such an action may be brought either by the attorney general, or by a county attorney for enjoining such a nuisance within his or her county, or by a city attorney for enjoining such a nuisance within his or her city.
History:
L. 1963, ch. 303, 60-908; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 9 - Injunction › 60-909 Penalty for disobedience.

60-909.
Penalty for disobedience.
Disobedience of any restraining order or injunction may, in addition to other appropriate remedies, or damages, be punished as a contempt.
History:
L. 1963, ch. 303, 60-909; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 9 - Injunction › 60-910 Vacating or modifying order.

60-910.
Vacating or modifying order.
(a) Before final judgment. At any time before the judgment the party restrained or enjoined may apply to the judge of the court in which the action is brought, to vacate or modify the same. The application may be made upon the petition and affidavits upon which the restraining order or injunction is granted, or upon affidavits on the part of the party restrained, with or without answer.
(b) After final judgment. Any interested party, including a party subsequently acquiring an interest in the subject matter of the injunction, may file a petition in the same action to have a judgment of permanent injunction vacated or modified. The petition shall be verified, filed in the court from which the judgment issued, and shall state that there has been a change in conditions rendering the injunction unnecessary or partially unnecessary and that petitioner's interests are being adversely affected. The changed conditions shall be stated in reasonable detail. The procedure pertaining to original civil actions shall be followed. If the judge, after hearing, finds that the petition was not filed in good faith, the judge shall assess the expenses and reasonable attorneys' fees against the petitioner for those parties who have defended against the application, the same to be collected as costs in the action.
History:
L. 1963, ch. 303, 60-910; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 10 - Actions Relating To Property › 60-1001 Actions for possession; ejectment.

60-1001.
Actions for possession; ejectment.
(a) Petition. In any action to recover possession of real property, including an oil or gas lease or mineral interest, it shall be sufficient if the petition state that the petitioner has a legal or equitable interest therein and the right to possession.
(b) Tenants in common. In an action against a tenant in common the petition must state that the defendant either denied plaintiff's right, or did some act amounting to such denial.
(c) Judgment; when plaintiff prevails. If plaintiff prevails the judgment shall be for possession and damages for the loss of rents and profits, if any, and execution to enforce the same shall be issued to the sheriff by the clerk at the written request of the party entitled thereto.
(d) When action becomes moot. If the right of the plaintiff to the possession of the premises expires after the commencement of the suit and before the trial, the judgment shall be for the damages and costs.
History:
L. 1963, ch. 303, 60-1001; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 10 - Actions Relating To Property › 60-1002 Quieting or determining title or interest in property.

60-1002.
Quieting or determining title or interest in property.
(a) Right of action. An action may be brought by any person claiming title or interest in personal or real property, including oil and gas leases, mineral or royalty interests, against any person who claims an estate or interest therein adverse to him or her, for the purpose of determining such adverse claim.
(b) Action to bar lien claim, when. When a lien on property has ceased to exist, or when an action to enforce a lien is barred by a statute of limitation or otherwise, the owner of the property may maintain an action to quiet title.
History:
L. 1963, ch. 303, 60-1002; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 10 - Actions Relating To Property › 60-1004 Occupying claimants.

60-1004.
Occupying claimants.
(a) Right to reimbursement. Where any person while peacefully occupying realty under color of title in good faith, including mineral leases, has in good faith made improvements thereon or paid obligations in connection therewith, such person shall not be dispossessed by a party, establishing a superior right, claim or title until he or she is fully compensated therefor.
(b) Procedure. If in any action the judge concludes that the occupying claimant should be dispossessed, the judge shall before entering final judgment determine the compensation due the occupying claimant under the provisions of section 1 [*] of this article or if requested by either party he or she shall submit the question to a jury for determination.
History:
L. 1963, ch. 303, 60-1004; January 1, 1964.
* "Section 1 of this article," evidently intended as "subsection (a) of this section."
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 10 - Actions Relating To Property › 60-1007 Same; sale of property to satisfy judgment.

60-1007.
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. 60-1009, and amendments thereto. Before the sheriff proceeds to sell the personal property pursuant to order of the court, the sheriff 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 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. 2023 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 judgment creditor may direct the sheriff to return the special execution showing that fact or, at the creditor'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 necessary.
(b) If the personal property to be sold shall consist of more than one item of property, the sheriff shall sell only so much of the personalty in the sheriff'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 sheriff nor any other member of the sheriff'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. 1973, ch. 236, § 2; L. 1976, ch. 255, § 2; L. 2007, ch. 89, § 30; L. 2010, ch. 135, § 170; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 10 - Actions Relating To Property › 60-1008 Same; return; confirmation of sale.

60-1008.
Same; return; confirmation of sale.
Upon sale of said property, the sheriff shall make a return of said sale to the clerk of the court, together with an itemization of his or her expenses of sale. The court, upon finding the proceedings regular and in conformity with law, shall confirm the same, direct the clerk to make such entry upon the journal and order the sheriff 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 said property. A certificate of sale shall vest title to the property in the purchaser.
History:
L. 1973, ch. 236, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 10 - Actions Relating To Property › 60-1009 Same; application of proceeds.

60-1009.
Same; application of proceeds.
Upon the sale of personal property by the sheriff under this act, the clerk of the court shall apply the proceeds of sale in the following priority: (a) To the court costs of the action including the sheriff's expenses and cost of publication;
(b) in accordance with the provisions of K.S.A. 60-2406, and amendments thereto;
(c) in satisfaction of all judgments rendered in the action against the defendant or the property in accordance with the priority determined by the court;
(d) any surplus shall be paid to the debtor-defendant, except that if any other security interest holder has, subsequent to the entering of the judgment of foreclosure, filed 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 debtor-defendant. Such security interest holder must serve the debtor-defendant with notice of such demand within 14 days after such filing and furnish proof of such notice to the court.
If the debtor-defendant does not notify the clerk in writing within 14 days that the debtor-defendant takes exception to the demand of said security interest holder, the clerk shall apply said surplus to the said demand and pay any balance to the debtor-defendant.
If the debtor-defendant does notify the clerk in writing within 14 days that the debtor-defendant takes exception to the demand, the clerk shall withhold all surplus for a period of 30 days. If the security interest holder has not commenced a separate action to recover the holder's claim and garnished the clerk within such time, the clerk shall pay the surplus to the debtor-defendant.
History:
L. 1973, ch. 236, § 4; L. 2010, ch. 135, § 171; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 10 - Actions Relating To Property › 60-1010 Same; act supplemental to civil code.

60-1010.
Same; act supplemental to civil code.
This act [*] shall be a part of and supplemental to the code of civil procedure.
History:
L. 1973, ch. 236, § 5; July 1.
* "This act," see also 60-1006 to 60-1009.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 10 - Actions Relating To Property › 60-1011 Equity skimming; damage, costs, fees.

60-1011.
Equity skimming; damage, costs, fees.
(a) Nothing provided in this act shall prohibit the right of a defendant owner to sell and transfer the rights of the defendant owner to an assignee or transferee pursuant to K.S.A. 60-2414, and amendments thereto.
(b) A defendant owner, the tenant of a person subject to civil action as provided in this act or the holder of the mortgage before a sheriff's sale and holder of the certificate of purchase during the period of redemption, shall each have the right to maintain a civil action under the code of civil procedure against any person, corporation, limited liability company, general partnership, limited partnership or joint venture, referred to hereinafter as a person who engaged in the purchase of one, two, three or four family dwellings, including condominiums and cooperatives, or the acquisitions of any right, title or interest therein, including any equity or redemption interests, which are subject to a loan in default at time of purchase or in default within one year subsequent to the purchase if: (1) The loan is secured by a mortgage; (2) the person fails to notify the mortgage holder or holder of the certificate of purchase of the interest acquired, in writing, within 21 days after purchase; and (3) the person fails to apply the rent proceeds from such dwellings to the mortgage as the payments come due, regardless of whether the purchaser is obligated on the loan.
(c) The civil action may allow recovery of all actual damages, court costs and attorney fees in addition to recovery of all rents received by the person.
History:
L. 1992, ch. 167, § 2; L. 2010, ch. 135, § 172; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 11 - Liens For Labor And Material › 60-1101 Liens of contractors; priority.

60-1101.
Liens of contractors; priority.
Any person furnishing labor, equipment, material, or supplies used or consumed for the improvement of real property, under a contract with the owner or with the trustee, agent or spouse of the owner, shall have a lien upon the property for the labor, equipment, material or supplies furnished at the site of the property subject to the lien, and for the cost of transporting the same. The lien shall be preferred to all other liens or encumbrances which are subsequent to the commencement of the furnishing of such labor, equipment, material or supplies by such claimant at the site of the property subject to the lien. When two or more such contracts are entered into applicable to the same improvement, the liens of all claimants shall be similarly preferred to the date of the earliest unsatisfied lien of any of them. If an earlier unsatisfied lien is paid in full or otherwise discharged, the commencement date for all claimants shall be the date of the next earliest unsatisfied lien.
History:
L. 1963, ch. 303, 60-1101; L. 1965, ch. 355, § 5; L. 1972, ch. 223, § 1; L. 1977, ch. 203, § 1; L. 1978, ch. 230, § 1; L. 1982, ch. 248, § 1; L. 2005, ch. 95, § 1; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 11 - Liens For Labor And Material › 60-1102 Filing and recording of lien statement; notice of extension.

60-1102.
Filing and recording of lien statement; notice of extension.
(a) Filing. Any person claiming a lien on real property, under the provisions of K.S.A. 60-1101, and amendments thereto, shall file with the clerk of the district court of the county in which property is located, within four months after the date material, equipment or supplies, used or consumed was last furnished or last labor performed under the contract a verified statement showing:
(1) The name of the owner,
(2) the name and address sufficient for service of process of the claimant,
(3) a description of the real property,
(4) a reasonably itemized statement and the amount of the claim, but if the amount of the claim is evidenced by a written instrument, or if a promissory note has been given for the same, a copy thereof may be attached to the claim in lieu of the itemized statement.
(b) Recording. Immediately upon the receipt of such statement the clerk of the court shall index the lien in the general index by party names and file number.
(c) Notwithstanding subsection (a), a lien for the furnishing of labor, equipment, materials or supplies on property other than residential property may be claimed pursuant to this section within five months only if the claimant has filed a notice of extension within four months since last furnishing labor, equipment, materials or supplies to the job site. Such notice shall be filed in the office of the district court of the county where such property is located and shall be mailed by certified and regular mail to the owner. The notice of extension shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council.
(d) As used in this section and K.S.A. 60-1103, and amendments thereto, "residential property" means a structure which is constructed for use as a residence and which is not used or intended for use as a residence for more than two families.
History:
L. 1963, ch. 303, 60-1102; L. 1992, ch. 47, § 2; L. 2003, ch. 45, § 1; L. 2005, ch. 101, § 13; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 11 - Liens For Labor And Material › 60-1103a Subcontractors' liens; improvement of residential property.

60-1103a.
Subcontractors' liens; improvement of residential property.
(a) As used in this section, "improvement of residential property" means:
(1) Improvement of a preexisting structure in which the owner resides at the time the claimant first furnishes labor, equipment, material or supplies and which is not used or intended for use as a residence for more than two families or for commercial purposes or improvement or construction of any addition, garage, fence, swimming pool, outbuilding or other improvement appurtenant to such a structure; or
(2) any construction upon real property which is (A) owned or acquired by an individual at the time the claimant first furnishes labor, equipment, material or supplies; (B) intended to become and does become the principal personal residence of that individual upon completion; and (C) not used or intended for use as a residence for more than two families or for commercial purposes.
(b) A lien for the furnishing of labor, equipment, materials or supplies for the improvement of residential property may be claimed pursuant to K.S.A. 60-1103 and amendments thereto only if the claimant has:
(1) Mailed to any one of the owners of the property a warning statement conforming with this section; or
(2) in the claimant's possession a copy of a statement signed and dated by any one owner of the property stating that the general contractor or the claimant had given the warning statement conforming with this section to one such owner of the property.
(c) The warning statement provided for by this section, to be effective, shall contain substantially the following statement:
"Notice to owner: (name of supplier or subcontractor) is a supplier or subcontractor providing materials or labor on Job No. ______ at (residence address) under an agreement with (name of contractor). Kansas law will allow this supplier or subcontractor to file a lien against your property for materials or labor not paid for by your contractor unless you have a waiver of lien signed by this supplier or subcontractor. If you receive a notice of filing of a lien statement by this supplier or subcontractor, you may withhold from your contractor the amount claimed until the dispute is settled."
(d) The warning statement provided for by this section shall not be required if the claimant's total claim does not exceed $250.
History:
L. 1986, ch. 217, § 2; January 1, 1987.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 11 - Liens For Labor And Material › 60-1103b Subcontractors' liens; new residential property.

60-1103b.
Subcontractors' liens; new residential property.
(a) As used in this section, "new residential property" means a new structure which is constructed for use as a residence and which is not used or intended for use as a residence for more than two families or for commercial purposes. "New residential property" does not include any improvement of a preexisting structure or construction of any addition, garage or outbuilding appurtenant to a preexisting structure.
(b) A lien for the furnishing of labor, equipment, materials or supplies for the construction of new residential property may be claimed pursuant to K.S.A. 60-1101 or 60-1103 and amendments thereto after the passage of title to such new residential property to a good faith purchaser for value only if the claimant has filed a notice of intent to perform prior to the recording of the deed effecting passage of title to such new residential property. Such notice shall be filed in the office of the clerk of the district court of the county where the property is located.
(c) The notice of intent to perform and release thereof provided for in this section, to be effective, shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council.
(d) When any claimant who has filed a notice of intent to perform has been paid in full or otherwise discharged, such claimant shall be required to file in the office in which the notice of intent to perform was filed, and to pay any requisite filing fee, a release of such notice and waiver of lien which shall be executed by the claimant, shall identify the property as set forth in the notice of intent to perform, and state that it is the intention of the claimant to waive or relinquish any statutory right to a lien for the furnishing of labor or material to the property. Upon such filing, the notice of intent to perform previously filed by such claimant shall be of no further force or effect, and such claimant's right to a lien under K.S.A. 60-1101 and 60-1103, and amendments thereto, shall be extinguished.
(e) Any owner of the real estate upon which a notice of intent to perform has been filed, or any owner's heirs or assigns, or anyone acting for such owner, heirs or assigns, and after payment in full to the claimant, may make demand upon the claimant filing the notice of intent to perform, for the filing of a release of the notice and waiver of lien as provided for in subsection (d), unless the same has expired by virtue of the provisions set forth in subsection (f).
(f) Notwithstanding the requirements of subsections (d) and (e), a notice of intent to perform shall be of no further force or effect after the expiration of 18 months from the date of filing the same, unless within such time the claimant has filed a lien pursuant to K.S.A. 60-1101 and 60-1103, and amendments thereto.
History:
L. 1986, ch. 217, § 3; L. 1996, ch. 233, § 1; L. 2005, ch. 101, § 15; L. 2005, ch. 186, § 15; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 11 - Liens For Labor And Material › 60-1104 Assignment.

60-1104.
Assignment.
All claims for liens and rights of action to recover therefor under this act shall be assignable so as to vest in the assignee all rights and remedies herein given, subject to all defenses thereto that might be made if such assignment had not been made. Where a statement has been filed and recorded as herein provided, such assignment may be made by filing with the clerk of the court a separate instrument in writing to be attached to the original lien.
History:
L. 1963, ch. 303, 60-1104; L. 1992, ch. 47, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 11 - Liens For Labor And Material › 60-1105 Limitations and amendment.

60-1105.
Limitations and amendment.
(a) Limitations. An action to foreclose a lien under this article shall be brought within one year from the time of filing the lien statement, but if a promissory note has been attached to the lien statement in lieu of an itemized statement, the action shall be commenced within one year from the maturity of said note.
(b) Amendment. Where action is brought to enforce a lien the lien statement may be amended by leave of the judge in furtherance of justice, except to increase the amount claimed.
History:
L. 1963, ch. 303, 60-1105; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 11 - Liens For Labor And Material › 60-1106 Parties.

60-1106.
Parties.
In such actions all persons whose liens are filed as herein provided, and other encumbrancers of record, except those encumbrancers whose lien has priority over the claim of the plaintiff, shall be made parties, and issues shall be made and trials had as in other cases. Where such an action is brought by a subcontractor, or person other than the original contractor, such original contractor shall be made a party defendant, and shall at his or her own expense defend against the claim of every subcontractor, or other person claiming a lien under this article, and if he or she fails to make such defense the owner may make the same at the expense of such contractor; and until all such claims, costs and expenses are finally adjudicated, and defeated or satisfied, the owner shall be entitled to retain from the contractor the amount thereof, and such costs and expenses as he or she may be required to pay. If the sheriff of the county in which such action is pending shall make return that he or she is unable to find such original contractor, the court may proceed to adjudicate the liens upon the land and render judgment to enforce the same with costs.
History:
L. 1963, ch. 303, 60-1106; L. 2005, ch. 95, § 3; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 11 - Liens For Labor And Material › 60-1107 Stay of proceedings.

60-1107.
Stay of proceedings.
In any action to foreclose a lien under this article if the building or other improvement is still in course of construction, the judge on application of any party engaged in furnishing labor or materials for such building or improvement, may stay the trial thereof for a reasonable time to permit the filing of a lien statement by such party under the provisions of this act.
History:
L. 1963, ch. 303, 60-1107; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 11 - Liens For Labor And Material › 60-1108 Action by landowner for adjudication, cancellation.

60-1108.
Action by landowner for adjudication, cancellation.
If any lien or liens are filed under the provisions of this article and no action to foreclose any of such liens is commenced, the owner of the land may file such owner's petition in the district court of the county in which such land is situated, making such lien claimants defendants therein, and praying for an adjudication of such lien or liens so claimed. If any such lien claimant shall fail to establish such claimant's lien, the court may tax against such claimant the whole or such portion of the costs of such action as may be just. If no action to foreclose or adjudicate any lien filed under the provisions of this article shall be instituted within the time provided in subsection (a) of K.S.A. 60-1105, and amendments thereto, the lien shall be considered canceled by limitation of law.
History:
L. 1963, ch. 303, 60-1108; L. 1992, ch. 47, § 5; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 11 - Liens For Labor And Material › 60-1109 Pro rata distribution.

60-1109.
Pro rata distribution.
If the proceeds of the sale be insufficient to pay all the claimants, then the court shall order them to be paid in proportion to the amount due each.
History:
L. 1963, ch. 303, 60-1109; January 1, 1964.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 11 - Liens For Labor And Material › 60-1110 Bond to secure payment of claims.

60-1110.
Bond to secure payment of claims.
The contractor or owner may execute a bond to the state of Kansas for the use of all persons in whose favor liens might accrue by virtue of this act, conditioned for the payment of all claims which might be the basis of liens in a sum not less than the contract price, or to any person claiming a lien which is disputed by the owner or contractor, conditioned for the payment of such claim in the amount thereof. Any such bond shall have good and sufficient sureties, be approved by a judge of the district court and filed with the clerk of the district court. When bond is approved and filed, no lien for the labor, equipment, material or supplies under contract, or claim described or referred to in the bond shall attach under this act, and if when such bond is filed liens have already been filed, such liens are discharged. Suit may be brought on such bond by any person interested but no such suit shall name as defendant any person who is neither a principal or surety on such bond, nor contractually liable for the payment of the claim.
History:
L. 1963, ch. 303, 60-1110; L. 1992, ch. 314, § 12; L. 2005, ch. 95, § 4; July 1.
2023 Kansas Statutes › Chapter 60 - Procedure, Civil › Article 11 - Liens For Labor And Material › 60-1111 Public works bond.

60-1111.
Public works bond.
(a) Bond by contractor. Except as provided in this section, whenever any public official, under the laws of the state, enters into contract in any sum exceeding $100,000 with any person or persons for the purpose of making any public improvements, or constructing any public building or making repairs on the same, such officer shall take, from the party contracted with, a bond to the state of Kansas with good and sufficient sureties in a sum not less than the sum total in the contract, conditioned that such contractor or the subcontractor of such contractor shall pay all indebtedness incurred for labor furnished, materials, equipment or supplies, used or consumed in connection with or in or about the construction of such public building or in making such public improvements.
A contract which requires a contractor or subcontractor to obtain a payment bond or any other bond shall not require that such bond be obtained from a specific surety, agent, broker or producer. A public official entering into a contract which requires a contractor or subcontractor to obtain a payment bond or any other bond shall not require that such bond be obtained from a specific surety, agent, broker or producer.
(b) Filing and limitations. The bond required under subsection (a) shall be filed with the clerk of the district court of the county in which such public improvement is to be made. When such bond is filed, no lien shall attach under this article. Any liens which have been filed prior to the filing of such bond shall be discharged. Any person to whom there is due any sum for labor or material furnished, as stated in subsection (a), or such person's assigns, may bring an action on such bond for the recovery of such indebtedness but no action shall be brought on such bond after six months from the completion of such public improvements or public buildings.
(c) In any case of a contract for construction, repairs or improvements for the state or a state agency under K.S.A. 75-3739 or 75-3741, and amendments thereto, a certificate of deposit payable to the state may be accepted in accordance with and subject to K.S.A. 60-1112, and amendments thereto. When such certificate of deposit is so accepted, no lien shall attach under this article. Any liens which have been filed prior to the acceptance of such certificate of deposit shall be discharged. Any person to whom there is due any sum for labor furnished, materials, equipment or supplies used or consumed in connection with or for such contract for construction, repairs or improvements shall make a claim therefor with the director of purchases under K.S.A. 60-1112, and amendments thereto.
History: L. 1963, ch. 303, § 60-1111; L. 1980, ch. 174, § 1; L. 1983, ch. 290, § 2; L. 1992, ch. 314, § 13; L. 1998, ch. 69, § 1; L. 2002, ch. 73, § 1; L. 2004, ch. 131, § 1; July 1.