60-2405. 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 deceased or incompetent judgment holder, by assignment, by operation of law, or otherwise, shall file with the clerk a copy of his or her letters as personal representative, assignment, or proceedings effecting such transfer, and thereafter such successor in interest shall be entitled to all the rights and remedies available to his or her predecessor and may proceed to enforce the same in his or her own name as such successor. If the validity of any such transfer be controverted by any party affected thereby, the court shall, on reasonable notice to all interested parties whose whereabouts are known, determine the respective rights and liabilites of all the parties.
History: L. 1963, ch. 303, 60-2405; January 1, 1964.
Source or prior law:
G.S. 1868, ch. 80, § 439; L. 1909, ch. 182, § 436; R.S. 1923, 60-3220.
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).
Attorney General's Opinions:
Authority of county to sell delinquent tax liens. 94-2.
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-3220 and the 1961 Supp. thereto.
1. Assignment of judgment operates to substitute judgment creditor and is effective upon filing with clerk; does not fix priorities as to garnishers. Nelson v. Boula, 207 Kan. 771, 772, 773, 774, 775, 486 P.2d 1340.
2. Administrator substituted for taxpayer after death and before judgment rendered; continuance of tax foreclosure action; no necessity for separate proceeding. United States v. Miller Brothers Constr. Co., 505 F.2d 1031, 1035.
3. Assignment of cause of action done before another's levy on property pursuant to prior judgment prevails; judgment does not act as a lien on personal property. Munson v. Tri-State Commodities, Inc., 33 Kan. App. 2d 153, 98 P.3d 990 (2004).
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