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See Kansas Judgment Enforcement Law below.
Below are Judgment Enforcement Collection Companies in your state and are here to serve your Judgment Recovery Needs, including asset searches, wage garnishments and bank account locators.
Judgments and Enforcement:
A Judgment issued by the District Courts in the State of Kansas generally is enforceable for a period of five years. If it is not renewed, or executed within the 5-years period, it will become dormant or cease to operate as a lien on the real property of the judgment debtor (K.S.A. 60-2403).
A dormant judgment may be revived if the judgment creditor files a motion for reviver with the District Court within two years after the date on which the judgment became dormant. It may also be revived if all parties affected by the judgment filed with the District Court a written stipulation of reviver. (K.S.A. 60-2404).
Judgments may be enforced by way of a lien on the debtor's real property, attachment against a judgment debtor's non-exempt assets, or garnishment of his wages. In a wage garnishment, a creditor may be entitled to an amount equal to 75% of the debtor's disposable income for each pay period. If a judgment creditor assigns an account to a third party or a collection agency, the assignee may not be entitled to the benefit of a wage garnishment (K.S.A. 60-2310(d)) with some statutory exceptions.
A judgment from other states generally is entitled to full faith and credit for the purpose of enforcement under the Uniform Enforcement of Foreign Judgments Act in Kansas. Upon the filing of an authenticated copy of the foreign judgment by an attorney licensed to practice law in the State of Kansas, payment of a required docket fee, and compliance with the notice procedure set forth in K.S.A. 60-3001 et seq., a foreign judgment may be treated and enforced in the same manner as a judgment issued by the District Court of the State of Kansas.
Legal Rate: A creditor is generally allowed to receive interest on money owed by a debtor at the rate of Ten (10) percent per annum, if there is no other rate agreed upon between the parties. (K.S.A. 16-201(a).)
Contract Rate: The agreed interest rate for promissory note, bill, bond or other written instrument generally may not exceed Fifteen (15) percent per annum. However, this limitation applies only for loans that are made primarily for personal, family or household purposes. Business or agricultural loans are not subject to this provision. (K.S.A. 16-207(b, (f).) In addition, the parties to a sale, lease, or loan transaction may agree in writing to waive this provision and be bound by the terms and provisions prescribed under the Uniform Consumer Credit Code. (K.S.A. 16a-1-109.)
See Usury Rate. Judgment Rate. Secretary of State
For the purpose of judgment enforcement or in a bankruptcy proceeding, a debtor is generally entitled to certain statutory exemptions under state laws or federal laws, or both. Under the laws of Kansas, a judgment debtor may claim homestead exemption to the extent of 160 acres of farming land, or of one acre within the limits of an incorporated town or city, or a manufactured home or mobile home, that is occupied as a residence by the owner and his family. Other exemptions include certain public or retirement benefits, and personal property that are necessary to sustain the basic needs of the judgment debtor and his family. Specifics of these exemptions are prescribed under K.S.A. 60-2301 et seq.
In a bankruptcy proceeding, a debtor, who is a resident of Kansas, is not permitted to elect the exemptions provided under federal law (K.S.A. 60-2312) even though the federal exemptions may be more beneficial in his situation, and some other states permit such election. However, such debtor may exempt, in addition to those exemptions provided under Kansas laws, certain property which are permitted under the federal bankruptcy law (11 U.S.C. Section 522).
Statutes of Limitations:
Civil actions generally can be commenced only within certain prescribed period of time. Some of the time limitations which may be of importance to creditors are:
Written contract 5 years K.S.A. 60-511
Oral contract 3 years K.S.A. 60-512
Trespass upon real property 2 years K.S.A. 50-513
Injury to personal property 2 years K.S.A. 50-513
Contract for sale of goods 4 years K.S.A. 84-2-725
Fraud 2 years K.S.A. 50-513