reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 35 - Attachment And Garnishment › 61-3501 Attachment.

61-3501.
Attachment.
The provisions of article 7 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, relating to attachment shall govern attachment proceedings for actions pursuant to the code of civil procedure for limited actions, except the provisions of K.S.A. 60-711, and amendments thereto, relating to the appointment of a receiver, and the provisions of article 7 of chapter 60 of the Kansas Statutes Annotated relating to the attachment of real property, shall not be applicable in lawsuits filed under the code of civil procedure for limited actions.
History:
L. 2000, ch. 161, § 46; January 1, 2001.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 35 - Attachment And Garnishment › 61-3502 Nature of garnishment.

61-3502.
Nature of garnishment.
Garnishment is a procedure whereby the wages, money or intangible property of a person can be seized or attached pursuant to an order of garnishment issued by the court under the conditions set forth in the order.
History:
L. 2000, ch. 161, § 47; January 1, 2001.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 35 - Attachment And Garnishment › 61-3503 When garnishment available before judgment.

61-3503.
When garnishment available before judgment.
An order of garnishment before judgment may be obtained only upon order of a judge of the district court pursuant to the procedure to obtain an order of attachment. No order of garnishment may be obtained before judgment where the property sought to be attached is wages earned by the person being garnished.
History:
L. 2000, ch. 161, § 48; January 1, 2001.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 35 - Attachment And Garnishment › 61-3504 When garnishment available after judgment.

61-3504.
When garnishment available after judgment.
(a) As an aid to the collection of a judgment, an order of garnishment may be obtained at any time after 14 days following judgment. There is no requirement that an execution first be issued and returned unsatisfied.
(b) The party requesting a garnishment shall file a request in an individual case or by a master request covering more than one case asking the court to issue an order of garnishment. The request shall designate whether the order of garnishment is to be issued to attach earnings or to attach other property of the judgment debtor. If such party seeks to attach earnings of the judgment debtor to enforce:
(1) An order of any court for the support of any person;
(2) an order of any court of bankruptcy under chapter 13 of the United States bankruptcy code; or
(3) a debt due for any state or federal tax, the direction of the party shall so indicate. No bond is required for an order of garnishment issued after judgment.
History:
L. 2000, ch. 161, § 49; L. 2010, ch. 135, § 208; July 1.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 35 - Attachment And Garnishment › 61-3505 Order of garnishment, other than earnings.

61-3505.
Order of garnishment, other than earnings.
This section shall apply if the garnishment is to attach intangible property other than earnings of the judgment debtor.
(a) The order of garnishment and the appropriate form for the garnishee's answer shall be served on the garnishee in the same manner as process is to be served pursuant to K.S.A. 61-3001 through 61-3006, and amendments thereto, except that the garnishee may be served by any means provided under K.S.A. 61-3001 through 61-3006, and amendments thereto, at the garnishee's business or office location and this shall be considered proper service. A copy of the answer form shall be served if the garnishment order is not served electronically. If the order is served prior to a judgment, the order shall also be served on the judgment debtor, if the judgment debtor can be found, except that the order shall not be served on the judgment debtor until after service has been made on the garnishee. Failure to serve the judgment debtor shall not relieve the garnishee from liability under the order.
(b) The order of garnishment shall have the effect of attaching:
(1) All intangible property, funds, credits or other indebtedness belonging to or owing the judgment debtor, other than earnings, which is in the possession or under the control of the garnishee, and all such credits and indebtedness due from the garnishee to the judgment debtor at the time of service of the order; and
(2) all such personal property coming into the possession or control of the garnishee and belonging to the judgment debtor, and all such credits and indebtedness becoming due to the judgment debtor between the time the order is served on the garnishee and the time the garnishee makes the answer of the garnishee. Where the garnishee is an executor or administrator of an estate in which the judgment debtor is or may become a legatee or distributee thereof, the order of garnishment shall have the effect of attaching and creating a first and prior lien upon any property or funds of such estate to which the judgment debtor is entitled upon distribution of the estate, and such garnishee shall be prohibited from paying over to the judgment debtor any of such property or funds until so ordered by the court from which the order of garnishment was issued.
(c) The garnishee, without prior agreement, may withhold and retain to defray the garnishee's costs, an administrative fee of $10 for each order of garnishment that attaches funds, credits or indebtedness. Such administrative fee shall be in addition to the amount required to be withheld under the order for garnishment, except that if the amount required to be withheld under the order for garnishment is greater than the amount of the funds, credits or indebtedness held by the garnishee, the fee shall be deducted from the amount withheld.
History:
L. 2000, ch. 161, § 50; L. 2002, ch. 157, § 7; July 1.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 35 - Attachment And Garnishment › 61-3508 Notice to judgment debtor; hearing on claim of exemption.

61-3508.
Notice to judgment debtor; hearing on claim of exemption.
(a) Immediately following the time the order of garnishment is served on the garnishee, the party seeking the garnishment shall send a notice to the judgment debtor in any reasonable manner, notifying the judgment debtor:
(1) That a garnishment order has been issued against the judgment debtor and the effect of such order;
(2) of the judgment debtor's right to assert any claim of exemption allowed under the law with respect to a garnishment against property other than earnings or of the judgment debtor's right to object to the calculation of exempt and nonexempt earnings with respect to a garnishment against the earnings of the debtor; and
(3) of the judgment debtor's right to a hearing on such claim or objection. The notice shall contain a description of the exemptions that are applicable to garnishments and the procedure by which the judgment debtor can assert any claim of exemption.
(b) If the judgment debtor requests a hearing to assert any claim of exemption, the request shall be filed no later than 14 days following the date the notice is served on the judgment debtor. If a hearing is requested, the hearing shall be held by the court no sooner than seven days nor later than 14 days after the request is filed. At the time the request for hearing is filed, the judgment debtor shall obtain from the clerk or court the date and time for the hearing which shall be noted on the request form. Immediately after the request for hearing is filed, the judgment debtor shall hand-deliver to the party seeking the garnishment or such party's attorney, if the party is represented by an attorney, or mail to the party seeking the garnishment or such party's attorney, if the party is represented by an attorney, by first-class mail at the party seeking the garnishment or such party's attorney's last known address, a copy of the request for hearing.
(c) If a hearing is held, the judgment debtor shall have the burden of proof to show that some or all of the property subject to the garnishment is exempt, and the court shall enter an order determining the exemption and such other order or orders as is appropriate.
History:
L. 2000, ch. 161, § 53; L. 2002, ch. 157, § 9; L. 2010, ch. 135, § 209; July 1.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 35 - Attachment And Garnishment › 61-3509 Answer of garnishee; attachment of intangible property other than earnings.

61-3509. Answer of garnishee; attachment of intangible property other than earnings.
This section shall apply if the garnishment is to attach intangible property other than earnings of the judgment debtor.
(a) Within 14 days after service upon a garnishee of an order of garnishment the garnishee shall complete the answer in accordance with the instructions accompanying the answer form stating the facts with respect to the demands of the order.
(b) (1) Except as otherwise provided in subsection (b)(2), the garnishee shall send the completed answer to the judgment creditor's attorney at the address listed on the answer form or, if the judgment creditor does not have an attorney, to the judgment creditor and judgment debtor at the addresses listed on the answer form. The answer shall be supported by unsworn declaration in the manner set forth on the answer form.
(2) If the garnishee does not have assets of the judgment debtor, the garnishee shall send the completed answer to the judgment creditor's attorney at the address listed on the answer form or, if the judgment creditor does not have an attorney, to the judgment creditor at the address listed on the answer form. The answer shall be supported by unsworn declaration in the manner set forth on the answer form.
History:
L. 2000, ch. 161, § 54; L. 2002, ch. 157, § 10; L. 2010, ch. 135, § 210; L. 2012, ch. 68, § 6; L. 2013, ch. 31, § 2; July 1.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 35 - Attachment And Garnishment › 61-3510 Same; attaching earnings.

61-3510.
Same; attaching earnings.
This section must apply if the garnishment is to attach earnings of the judgment debtor.
(a) Within 14 days following the date of service upon a garnishee of an initial order of garnishment, the garnishee must complete the answer in accordance with the instructions accompanying the answer form and send the completed answer to each judgment creditor and judgment debtor at the addresses listed on the answer form. The garnishee must designate on the answer in the space provided on the answer form the name and case number for each judgment creditor who has a garnishment order in effect for the same debtor and the amount that is due each judgment creditor under the garnishment in accordance with the instructions accompanying the answer form. Only one answer needs to be completed for each judgment debtor by the garnishee and the garnishee may duplicate the completed answer in any manner the garnishee desires for distribution to each judgment creditor and judgment debtor. The answer must be supported by unsworn declaration in the manner set forth on the answer form. Once the garnishee has distributed the answer to the initial order of garnishment, no further answer is required. A party or the court may request a written explanation of the garnishee's computations of earnings withheld during any pay period and the explanation must be submitted by affidavit to all parties and the court within 14 days after such request. Service of the request must be in the same manner as process is to be served pursuant to K.S.A. 61-3001 through 61-3006, and amendments thereto.
(b) If there are other liens against the judgment debtor's earnings which by law have priority over garnishments, the garnishee must so indicate on the answer. In such event, the garnishment must remain in effect but no earnings of the debtor must be withheld under the garnishment order unless and until all liens having priority are released or satisfied or the earnings being withheld under all of such liens are less than the amount which is exempt under K.S.A. 60-2310, and amendments thereto.
History:
L. 2000, ch. 161, § 55; L. 2002, ch. 157, § 11; L. 2010, ch. 85, § 5; July 1.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 35 - Attachment And Garnishment › 61-3511 Same; reply; notification and hearing; burden of proof.

61-3511. 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. 2000, ch. 161, § 56; L. 2010, ch. 135, § 211; L. 2012, ch. 68, § 7; July 1.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 35 - Attachment And Garnishment › 61-3512 Garnishee's payment to the judgment creditor; refund of overpayment; release of funds; nonliability of garnishee.

61-3512. 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 35 of chapter 61 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2000, ch. 161, § 57; L. 2003, ch. 131, § 2; L. 2010, ch. 135, § 212; L. 2012, ch. 68, § 8; July 1.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 35 - Attachment And Garnishment › 61-3513 Payment of earnings withheld by garnishee.

61-3513.
Payment of earnings withheld by garnishee.
This section shall 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 sent the completed answer to the judgment creditor and judgment debtor, the garnishee shall 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, 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 shall promptly pay the excess amount pro-rata to the other judgment creditors designated on the answer, or if no such other judgment creditors are designated, the judgment creditor shall promptly pay the excess amount to the judgment debtor.
History:
L. 2000, ch. 161, § 58; L. 2002, ch. 157, § 12; L. 2010, ch. 135, § 213; July 1.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 35 - Attachment And Garnishment › 61-3514 Failure of garnishee to answer.

61-3514.
Failure of garnishee to answer.
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. 61-2907, 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. 2000, ch. 161, § 59; January 1, 2001.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 35 - Attachment And Garnishment › 61-3515 Failure of garnishee to pay.

61-3515.
Failure of garnishee to pay.
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. 61-2907, 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. 2000, ch. 161, § 60; January 1, 2001.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 35 - Attachment And Garnishment › 61-3516 Miscellaneous garnishment provisions.

61-3516.
Miscellaneous garnishment provisions.
The provisions of K.S.A. 60-721, 60-722, 60-723 and 60-724, and amendment thereto, shall be applicable to lawsuits filed pursuant to the code of civil procedure for limited actions.
History:
L. 2000, ch. 161, § 61; January 1, 2001.
2023 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; January 1, 2001.
2023 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; January 1, 2001.
2023 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; January 1, 2001.
2023 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.
2023 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; January 1, 2001.
2023 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.
2023 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; January 1, 2001.
2023 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.
2023 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; January 1, 2001.
2023 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; January 1, 2001.
2023 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; January 1, 2001.
2023 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. 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 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.
2023 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; January 1, 2001.
2023 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.
2023 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; January 1, 2001.
2023 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; January 1, 2001.
2023 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.
2023 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.
2023 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.
2023 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; January 1, 2001.
2023 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.
2023 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.
2023 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; January 1, 2001.
2023 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.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 39 - Appeals › 61-3903 Appeals from district magistrate judge not regularly admitted to practice law; notice; assignment.

61-3903. Appeals from district magistrate judge not regularly admitted to practice law; notice; assignment.
Subject to the rules of the supreme court of this state, once an appeal is perfected, if the judge from whom such appeal is taken is a district magistrate judge who is not regularly admitted to practice law in Kansas, such judge shall notify the chief judge of the judicial district that the appeal has been perfected. The chief judge then shall assign the case to a district judge to hear the appeal.
History:
L. 2000, ch. 161, § 88; L. 2014, ch. 71, § 10; July 1.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 39 - Appeals › 61-3904 Execution on judgment pending appeal without bond.

61-3904.
Execution on judgment pending appeal without bond.
No execution shall issue upon a judgment, nor shall proceedings be taken for its enforcement, until the expiration of 14 days after its entry. If an appellant does not file a supersedeas bond as provided in the code of civil procedure for limited actions, the taking of an appeal shall not operate to stay proceedings for the enforcement of a final judgment or to take execution thereon. Nothing in this section shall be construed as limiting any power of a judge hearing such appeal to stay proceedings during the pendency of an appeal, to grant an injunction during the pendency of such appeal or to make any other appropriate order to preserve the status quo or the effectiveness of the judgment subsequently to be rendered.
History:
L. 2000, ch. 161, § 89; L. 2010, ch. 135, § 222; July 1.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 39 - Appeals › 61-3905 Stay of proceedings on appeal; bond.

61-3905.
Stay of proceedings on appeal; bond.
(a) Whenever an appellant entitled thereto desires a stay on appeal from an action pursuant to the code of civil procedure for limited actions, such appellant may present to the judge from which the appeal is taken, for the judge's approval, a supersedeas bond which shall have such surety or sureties as the judge requires. The bond may be given at or after the time of filing the notice of appeal, and the stay is effective when the supersedeas bond is approved by the judge. Such bond shall be conditioned for the satisfaction of the judgment in full together with costs, interest and damages for delay, if for any reason the appeal is dismissed, or if the judgment is affirmed; and to satisfy in full any modification of the judgment and such costs, interests and damages as the appellate court may adjudge and award.
(b) When the judgment is for the recovery of money not otherwise secured, the amount of the bond shall be fixed at such sum as will cover the whole amount of the judgment remaining unsatisfied, costs on the appeal, interest and damages for delay, unless the court after notice and hearing and for good cause shown fixes a different amount or orders security other than the bond. When the judgment determines the disposition of the property in controversy as in replevin, or when such property is in the custody of the sheriff or when the proceeds of such property or a bond for its value is in the custody or control of the court, the amount of the supersedeas bond shall be fixed after notice and hearing at such sum only as will secure the amount recovered for the use and detention of the property, the costs of the action, costs on appeal, interest and damages for delay. When an order is made discharging, vacating or modifying a provisional remedy, a party aggrieved thereby shall be entitled, upon application to the judge, to have the operation of such order suspended for a period of not to exceed 14 days on condition that, within the period of 14 days, such party shall file notice of appeal and obtain the approval of such supersedeas bond as is required under this section.
(c) In lieu of a supersedeas bond, the court may condition a stay of proceedings pending appeal upon the timely payment into court of the periodic rent otherwise due from the defendant to the plaintiff under the rental agreement pertaining to the real property in issue.
History:
L. 2000, ch. 161, § 90; L. 2010, ch. 135, § 223; July 1.
2023 Kansas Statutes › Chapter 61 - Procedure, Civil, For Limited Actions › Article 39 - Appeals › 61-3906 Same; forcible detainer.

61-3906.
Same; forcible detainer.
In appeals taken by the defendant in actions for the forcible detention of real property, the supersedeas bond filed on appeal shall be conditioned that the appellant will not commit or suffer waste to be committed on the premises in controversy, and if upon appeal the court judgment be rendered against the appellant, the appellant will pay the value of the use and occupation of the property, from the date such bond was filed until the delivery of the property pursuant to the judgment, and all damages and costs that may be awarded against the appellant.
History:
L. 2000, ch. 161, § 91; January 1, 2001.