Printable Format60-2401. Writ of execution. (a) Definitions. A general execution is a direction to an officer to seize any nonexempt property of a judgment debtor and cause it to be sold in satisfaction of the judgment. A special execution or order of sale is a direction to an officer to effect some action with regard to specified property as the court determines necessary in adjudicating the rights of parties to an action. Notwithstanding the provisions of K.S.A. 60-706, and amendments thereto, executions served under this section shall be by personal service and not by certified mail return receipt requested. If personal service cannot be obtained, other forms of service of process are hereby authorized.
(b) By whom issued. At the request of any interested person, executions and orders of sale shall be issued by the clerk and signed by a judge. Such executions and orders shall be directed to the appropriate officers of the counties where such executions and orders are to be levied.
To the extent authorized by K.S.A. 39-7,152, and amendments thereto, the secretary for children and families may issue an order of execution, which shall be directed to the appropriate officer of the county where the execution is to be levied. The secretary shall deliver the execution to the appropriate officer, and a copy of the execution shall be filed with the clerk of the district court where the support order was entered or registered. The execution shall thereafter be treated in all respects as though it had been issued at the request of the secretary by the clerk of court where the support order was entered or registered.
(c) When returnable. The officer to whom any execution or order of sale is directed shall return it to the court from which it is issued within 60 days from the date thereof. If the execution was issued by the secretary for children and families, the return shall be made to the court where the underlying support order was entered or registered.
(d) Manner of levy. Except as provided in subsection (a), a general execution shall be levied upon any real or personal nonexempt property of the judgment debtor in the manner provided for the service and execution of orders of attachment under K.S.A. 60-706 through 60-710, and amendments thereto. Oil and gas leaseholds, for the purposes of this article, shall be treated as real property. Special executions or orders of sale shall be levied and executed as the court determines.
History: L. 1963, ch. 303, 60-2401; L. 1983, ch. 200, § 1; L. 1992, ch. 290, § 2; L. 1997, ch. 182, § 74; L. 2004, ch. 7, § 1; L. 2014, ch. 115, § 235; July 1.
Source or prior law:
(b). G.S. 1868, ch. 80, § 441; L. 1909, ch. 182, § 438; R.S. 1923, 60-3401.
(c). G.S. 1868, ch. 80, § 469; L. 1909, ch. 182, § 463; R.S. 1923, 60-3426.
(d). G.S. 1868, ch. 80, § 475; L. 1901, ch. 283, § 1; L. 1909 ch. 182, § 469; R.S. 1923, 60-3432.
(e). G.S. 1868, ch. 80, § 443; L. 1909, ch. 182, § 440; R.S. 1923, 60-3403; L. 1951, ch. 351, § 1.
Cross References to Related Sections:
Extension of return day of execution where resale of personal property under same execution, see 60-2409.
Executions on personal property, see also 16a-5-103, 60-1006, 84-9-501.
Law Review and Bar Journal References:
"Some Comments on the New Code of Civil Procedure," Emmet A. Blaes, 12 K.L.R. 75, 81 (1963).
Comment on creditor's remedies under civil procedure code in case of fraudulent conveyance, Charles L. Frickey, 17 K.L.R. 501, 505 (1969).
Comment concerning the proper classification of an oil and gas lease, 14 W.L.J. 411, 413 (1975).
Mineral lease exemptions from UCC coverage for security purposes, Bryan E. Nelson, 23 K.L.R. 367, 369 (1975).
"Practicing Law in a Unified Kansas Court System," Linda Diane Henry Elrod, 16 W.L.J. 260, 263 (1977).
"Kansas Water Appropriation Statutes and the Oil and Gas Industry in Kansas," Eva N. Neufeld, 50 J.B.A.K. 43, 51 (1981).
"1999 Legislative Wrap Up," Ron Smith, 68 J.K.B.A. No. 7, 16 (1999).
"2004 Legislative Wrap Up," James W. Clark, 73 J.K.B.A. No. 7, 12 (2004).
"The Kansas Foreclosure Process: Adapting the System to the Changing Real Estate Finance Market," Jason M. Zager, 53 K.L.R. 1281 (2005).
Attorney General's Opinions:
Executions and orders of sale; writ of execution. 91-54.
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-3401, 60-3403, 60-3426 and the 1961 Supp. thereto.
1. Mentioned; sale on execution vacated and set aside by district court; affirmed. Needham v. Young, 205 K. 603, 606, 470 P.2d 762.
2. Applied; oil and gas leases treated as realty for purpose of enforcing mechanic's and other liens. Ingram v. Ingram, 214 K. 415, 420, 521 P.2d 254.
3. Statute enabling state to recover expenditures in providing counsel for indigent defendants (22-4513) violated equal protection clause of U.S. Constitution. James v. Strange, 407 U.S. 128, 92 S.Ct. 2027, 2028, 32 L.Ed.2d 600.
4. Statute does not mandate classification of oil and gas as real estate for purposes of judgment lien statute. Utica Nat'l Bank & Trust Co. v. Marney, 233 K. 432, 434, 661 P.2d 1246 (1983).
5. Trial court's jurisdiction over matter subject to homestead exemption determination not dependent upon sheriff's return of writ unexecuted. Bohl v. Bohl, 234 K. 227, 229, 670 P.2d 1344 (1983).
6. Cited; disposition of partnership interests and vendor's interest in contract for deed determined. City of Arkansas City v. Anderson, 12 K.A.2d 490, 749 P.2d 505 (1988).
7. Time within which judgment must be enforced to prevent dormancy as not running during time it is enforceable by legal process examined. Wichita Fed. Sav. & Loan Ass'n v. North Rock Rd. Ltd. Partnership, 13 K.A.2d 678, 683, 779 P.2d 442 (1989).
8. Citation for contempt as not a proceeding for keeping a judgment alive examined. Cyr v. Cyr, 249 K. 94, 96, 815 P.2d 97 (1991).
9. Court-appointed process server is not an "officer" and not authorized to serve orders of attachment. Steele v. City of Wichita, 250 K. 524, 533, 535, 826 P.2d 1380 (1992).
10. Whether service void because out-of-state corporate process server not officer of state in which service made examined. In re Marriage of Welliver, 254 K. 801, 808, 869 P.2d 653 (1994).
11. Evidence seized pursuant to warrant obtained based on information gained during unlawful entry ruled inadmissible. State v. Reno, 260 K. 117, 129, 918 P.2d 1235 (1997).
12. Cited; judgment lien under K.S.A. 60-2202 does not attach to or affect a homestead. Deutsche Bank Nat'l Trust Co. v. Rooney, 39 K.A.2d 913, 918, 186 P.3d 820 (2008).