State Codes and Statutes

Statutes > Kansas > Chapter60 > Article22 > Statutes_24264

60-2202

Chapter 60.--PROCEDURE, CIVIL
Article 22.--LIS PENDENS AND JUDGMENT LIENS ON REAL PROPERTY

      60-2202.   Judgment liens.(a) Any judgment rendered in this state bya court of the United States or by a districtcourt of this state in an action commenced under chapter 60 of the KansasStatutes Annotated shall be a lien on the real estate of the judgment debtorwithin the county in which judgment isrendered. Except as provided in subsection (c), the lien shall beeffective from the time at which the petition stating the claim againstthe judgment debtor was filed but not to exceed four months prior to theentry of the judgment. An attested copy of the journal entry of the judgment,together with a statement of the costs taxed against the judgment debtorin the case, may be filed in the office ofthe clerk of thedistrict court of any other county upon payment of the feeprescribed by K.S.A. 28-170 and amendments thereto, andthe judgment shall become alien on the real estate of the debtor within that county from the dateof filing the copy. The clerk shall enter the judgment on theappearance docket and index it inthe same manner as if rendered in thecourt in which the clerk serves. Executions shall be issued only fromthe court in which the judgment is rendered.

      (b)   Any judgment rendered by a district court of this state in an actioncommenced under the code of civil procedure for limitedactions shall become a lien on the real propertyof the judgment debtor when the party in whose favor the judgment wasrendered pays the feeprescribed by K.S.A. 28-170and amendments thereto and the clerk of the district court enters the judgmentinthe appearance docket. The lien shall becomea lien only upon thedebtor's real property that is located in the county in which the filingis made, but a filing may be made in any county in which realproperty of the judgment debtor is located. Upon the filing of a journalentry of judgment and payment of the fee as provided inthis section, theclerk of the district court shall enter it in the appearance docket. Thelien shall cease to be a lienon the real property of the judgmentdebtor at the time provided in article 24 of this chapter.

      (c)   Notwithstanding the foregoing provisions of this section, thefiling of a petition or other pleadings against an employee of the stateor a municipality which alleges a negligent or wrongful act or omissionof the employee while acting within the scope of theemployee's employmentshall create no lien rights as against the property of the employee prior tojudgment, regardless of whether or not it is alleged in the alternative thatthe employee was acting outside the scope of the employee'semployment. A judgment against an employee shall become a lien upon theemployee's property when the judgment is rendered only if it isfound that (1) the employee's negligent or wrongful act or omissionoccurred when the employee was acting outside the scope ofthe employee's employment or (2) the employee's conduct which gave riseto the judgmentwas because of actual fraud or actual malice of the employee; in thosecases the lien shall not be effective prior to the date judgment isrendered. As used in this subsection, "employee" has the meaning providedby K.S.A. 75-6102 and amendments thereto.

      (d)   If unpaid arrearages accrued under a supportorder rendered in another state give rise to a lien on real property in thestate where rendered, such arrearages shall become a lien on the real propertyof the obligor as of the date the clerk of the court in this state enters theorderin theappearance docket. The clerk of the court shall enter the order in theappearancedocket upon receiving payment of the fee prescribed by K.S.A. 28-170 andamendments thereto;a sworn statement that the obligor was provided at least 30 days' prior writtennotice that the lien would be filed in this state, that the obligor wasprovided an opportunity for hearing concerning the proposed filing and that nohearing was timely requested or the decision therein allows the lien to befiled; a sworn statement of the amount of the lien;and a legible copy of the support order or, in a title IV-Dcase, a notice of lien that describes the support order. The lien shall becomea lien only upon the obligor's real property that is located in the county inwhich the filing is made, but a filing may be made in any county in which realproperty of the obligor is located. The lien shall cease to be a lien on thereal property of the obligor at the time provided in article 24 of thischapter. As used in this section, "title IV-D case" means a case beingadministered pursuant to part D of title IV of the federal social security act(42 U.S.C. § 651 et seq.) and amendments thereto.Any person filing the documents required by this subsection shall be deemed tohave submitted to the jurisdiction of the courts of this state with respect toany action in this state to determine the validity of the lien or the lien'sattachment to any real property.

      (e)   A person named as the debtor in a notice of lien filed pursuant tosubsection (d) based upon a support order issued in another state, or a personwhose interest in real estate is affected by the filing of such a notice oflien may file a petition pursuant to chapter 60 of the Kansas StatutesAnnotated, and amendments thereto, with the district court where the notice oflien was filed. The petitioner shall notify the person who filed the notice oflien that a hearing to contest the validity of the lien or the lien'sattachment to the petitioner's property will be held no less than 30 days afterthe date of mailing or personal service of the notice.

      History:   L. 1963, ch. 303, 60-2202;L. 1976, ch. 251, § 33;L. 1977, ch. 109, § 32;L. 1977, ch. 112, § 26;L. 1979, ch. 186, § 24;L. 1984, ch. 147, § 13;L. 1997, ch. 182, § 73;L. 2000, ch. 161, § 114; Jan. 1, 2001.

State Codes and Statutes

Statutes > Kansas > Chapter60 > Article22 > Statutes_24264

60-2202

Chapter 60.--PROCEDURE, CIVIL
Article 22.--LIS PENDENS AND JUDGMENT LIENS ON REAL PROPERTY

      60-2202.   Judgment liens.(a) Any judgment rendered in this state bya court of the United States or by a districtcourt of this state in an action commenced under chapter 60 of the KansasStatutes Annotated shall be a lien on the real estate of the judgment debtorwithin the county in which judgment isrendered. Except as provided in subsection (c), the lien shall beeffective from the time at which the petition stating the claim againstthe judgment debtor was filed but not to exceed four months prior to theentry of the judgment. An attested copy of the journal entry of the judgment,together with a statement of the costs taxed against the judgment debtorin the case, may be filed in the office ofthe clerk of thedistrict court of any other county upon payment of the feeprescribed by K.S.A. 28-170 and amendments thereto, andthe judgment shall become alien on the real estate of the debtor within that county from the dateof filing the copy. The clerk shall enter the judgment on theappearance docket and index it inthe same manner as if rendered in thecourt in which the clerk serves. Executions shall be issued only fromthe court in which the judgment is rendered.

      (b)   Any judgment rendered by a district court of this state in an actioncommenced under the code of civil procedure for limitedactions shall become a lien on the real propertyof the judgment debtor when the party in whose favor the judgment wasrendered pays the feeprescribed by K.S.A. 28-170and amendments thereto and the clerk of the district court enters the judgmentinthe appearance docket. The lien shall becomea lien only upon thedebtor's real property that is located in the county in which the filingis made, but a filing may be made in any county in which realproperty of the judgment debtor is located. Upon the filing of a journalentry of judgment and payment of the fee as provided inthis section, theclerk of the district court shall enter it in the appearance docket. Thelien shall cease to be a lienon the real property of the judgmentdebtor at the time provided in article 24 of this chapter.

      (c)   Notwithstanding the foregoing provisions of this section, thefiling of a petition or other pleadings against an employee of the stateor a municipality which alleges a negligent or wrongful act or omissionof the employee while acting within the scope of theemployee's employmentshall create no lien rights as against the property of the employee prior tojudgment, regardless of whether or not it is alleged in the alternative thatthe employee was acting outside the scope of the employee'semployment. A judgment against an employee shall become a lien upon theemployee's property when the judgment is rendered only if it isfound that (1) the employee's negligent or wrongful act or omissionoccurred when the employee was acting outside the scope ofthe employee's employment or (2) the employee's conduct which gave riseto the judgmentwas because of actual fraud or actual malice of the employee; in thosecases the lien shall not be effective prior to the date judgment isrendered. As used in this subsection, "employee" has the meaning providedby K.S.A. 75-6102 and amendments thereto.

      (d)   If unpaid arrearages accrued under a supportorder rendered in another state give rise to a lien on real property in thestate where rendered, such arrearages shall become a lien on the real propertyof the obligor as of the date the clerk of the court in this state enters theorderin theappearance docket. The clerk of the court shall enter the order in theappearancedocket upon receiving payment of the fee prescribed by K.S.A. 28-170 andamendments thereto;a sworn statement that the obligor was provided at least 30 days' prior writtennotice that the lien would be filed in this state, that the obligor wasprovided an opportunity for hearing concerning the proposed filing and that nohearing was timely requested or the decision therein allows the lien to befiled; a sworn statement of the amount of the lien;and a legible copy of the support order or, in a title IV-Dcase, a notice of lien that describes the support order. The lien shall becomea lien only upon the obligor's real property that is located in the county inwhich the filing is made, but a filing may be made in any county in which realproperty of the obligor is located. The lien shall cease to be a lien on thereal property of the obligor at the time provided in article 24 of thischapter. As used in this section, "title IV-D case" means a case beingadministered pursuant to part D of title IV of the federal social security act(42 U.S.C. § 651 et seq.) and amendments thereto.Any person filing the documents required by this subsection shall be deemed tohave submitted to the jurisdiction of the courts of this state with respect toany action in this state to determine the validity of the lien or the lien'sattachment to any real property.

      (e)   A person named as the debtor in a notice of lien filed pursuant tosubsection (d) based upon a support order issued in another state, or a personwhose interest in real estate is affected by the filing of such a notice oflien may file a petition pursuant to chapter 60 of the Kansas StatutesAnnotated, and amendments thereto, with the district court where the notice oflien was filed. The petitioner shall notify the person who filed the notice oflien that a hearing to contest the validity of the lien or the lien'sattachment to the petitioner's property will be held no less than 30 days afterthe date of mailing or personal service of the notice.

      History:   L. 1963, ch. 303, 60-2202;L. 1976, ch. 251, § 33;L. 1977, ch. 109, § 32;L. 1977, ch. 112, § 26;L. 1979, ch. 186, § 24;L. 1984, ch. 147, § 13;L. 1997, ch. 182, § 73;L. 2000, ch. 161, § 114; Jan. 1, 2001.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter60 > Article22 > Statutes_24264

60-2202

Chapter 60.--PROCEDURE, CIVIL
Article 22.--LIS PENDENS AND JUDGMENT LIENS ON REAL PROPERTY

      60-2202.   Judgment liens.(a) Any judgment rendered in this state bya court of the United States or by a districtcourt of this state in an action commenced under chapter 60 of the KansasStatutes Annotated shall be a lien on the real estate of the judgment debtorwithin the county in which judgment isrendered. Except as provided in subsection (c), the lien shall beeffective from the time at which the petition stating the claim againstthe judgment debtor was filed but not to exceed four months prior to theentry of the judgment. An attested copy of the journal entry of the judgment,together with a statement of the costs taxed against the judgment debtorin the case, may be filed in the office ofthe clerk of thedistrict court of any other county upon payment of the feeprescribed by K.S.A. 28-170 and amendments thereto, andthe judgment shall become alien on the real estate of the debtor within that county from the dateof filing the copy. The clerk shall enter the judgment on theappearance docket and index it inthe same manner as if rendered in thecourt in which the clerk serves. Executions shall be issued only fromthe court in which the judgment is rendered.

      (b)   Any judgment rendered by a district court of this state in an actioncommenced under the code of civil procedure for limitedactions shall become a lien on the real propertyof the judgment debtor when the party in whose favor the judgment wasrendered pays the feeprescribed by K.S.A. 28-170and amendments thereto and the clerk of the district court enters the judgmentinthe appearance docket. The lien shall becomea lien only upon thedebtor's real property that is located in the county in which the filingis made, but a filing may be made in any county in which realproperty of the judgment debtor is located. Upon the filing of a journalentry of judgment and payment of the fee as provided inthis section, theclerk of the district court shall enter it in the appearance docket. Thelien shall cease to be a lienon the real property of the judgmentdebtor at the time provided in article 24 of this chapter.

      (c)   Notwithstanding the foregoing provisions of this section, thefiling of a petition or other pleadings against an employee of the stateor a municipality which alleges a negligent or wrongful act or omissionof the employee while acting within the scope of theemployee's employmentshall create no lien rights as against the property of the employee prior tojudgment, regardless of whether or not it is alleged in the alternative thatthe employee was acting outside the scope of the employee'semployment. A judgment against an employee shall become a lien upon theemployee's property when the judgment is rendered only if it isfound that (1) the employee's negligent or wrongful act or omissionoccurred when the employee was acting outside the scope ofthe employee's employment or (2) the employee's conduct which gave riseto the judgmentwas because of actual fraud or actual malice of the employee; in thosecases the lien shall not be effective prior to the date judgment isrendered. As used in this subsection, "employee" has the meaning providedby K.S.A. 75-6102 and amendments thereto.

      (d)   If unpaid arrearages accrued under a supportorder rendered in another state give rise to a lien on real property in thestate where rendered, such arrearages shall become a lien on the real propertyof the obligor as of the date the clerk of the court in this state enters theorderin theappearance docket. The clerk of the court shall enter the order in theappearancedocket upon receiving payment of the fee prescribed by K.S.A. 28-170 andamendments thereto;a sworn statement that the obligor was provided at least 30 days' prior writtennotice that the lien would be filed in this state, that the obligor wasprovided an opportunity for hearing concerning the proposed filing and that nohearing was timely requested or the decision therein allows the lien to befiled; a sworn statement of the amount of the lien;and a legible copy of the support order or, in a title IV-Dcase, a notice of lien that describes the support order. The lien shall becomea lien only upon the obligor's real property that is located in the county inwhich the filing is made, but a filing may be made in any county in which realproperty of the obligor is located. The lien shall cease to be a lien on thereal property of the obligor at the time provided in article 24 of thischapter. As used in this section, "title IV-D case" means a case beingadministered pursuant to part D of title IV of the federal social security act(42 U.S.C. § 651 et seq.) and amendments thereto.Any person filing the documents required by this subsection shall be deemed tohave submitted to the jurisdiction of the courts of this state with respect toany action in this state to determine the validity of the lien or the lien'sattachment to any real property.

      (e)   A person named as the debtor in a notice of lien filed pursuant tosubsection (d) based upon a support order issued in another state, or a personwhose interest in real estate is affected by the filing of such a notice oflien may file a petition pursuant to chapter 60 of the Kansas StatutesAnnotated, and amendments thereto, with the district court where the notice oflien was filed. The petitioner shall notify the person who filed the notice oflien that a hearing to contest the validity of the lien or the lien'sattachment to the petitioner's property will be held no less than 30 days afterthe date of mailing or personal service of the notice.

      History:   L. 1963, ch. 303, 60-2202;L. 1976, ch. 251, § 33;L. 1977, ch. 109, § 32;L. 1977, ch. 112, § 26;L. 1979, ch. 186, § 24;L. 1984, ch. 147, § 13;L. 1997, ch. 182, § 73;L. 2000, ch. 161, § 114; Jan. 1, 2001.