Kansas judgment records are legal documents that contain the final decree of a court and outline the rights and responsibilities of the parties to a lawsuit. These documents are considered a category of Kansas court records. Hence, they are created and maintained within the judicial branch. Interested and eligible members of the public can access judgment records in Kansas on request.
What is a Judgment?
According to K.S.A. 60-254, a judgment is the final determination of the rights of parties to a civil action. It expresses the court's stand on a civil matter after a fair hearing and the reason behind the court's final order.
Kansas Judgment Laws
Kansas judgment laws are statutes that address the issuance of judgments in the state. The laws also outline legal procedures by which judgment creditors (the winners of lawsuits) can collect their judgments. These laws are detailed in Chapter 60, Article 2: Rules of Civil Procedure.
What is Judgment Lien?
After a matter has been heard in court, the judge will render a judgment if the case is not withdrawn or dismissed. This judgment may order the payment of money to the judgment creditor or the fulfillment of some other obligation. If the judgment is not paid, an encumbrance (a judgment lien) can be placed on the debtor's property to guarantee payment.
In Kansas, a judgment lien is one of the ways to collect a civil judgment. It is a legal claim placed on a judgment debtor's property to satisfy a judgment. The lien gives a creditor the right to clear a judgment debt from the sale proceeds of the debtor's property.
What is a Kansas Summary Judgment?
A Kansas summary judgment is a legal procedure employed during civil ligation to end a case without a trial. This type of judgment is used when there is no valid reason (i.e., contestable issue) for a case to move to trial, and one party deserves a judgment as a matter of law.
Any party to a lawsuit can move for a summary judgment. Although, it is not uncommon to have a summary judgment initiated by the judge.
Regardless of who moves for the judgment, two criteria must be met before summary judgment can be granted:
- There must be no evidence to dispute the movant's case.
- The movant must be entitled to judgment as a matter of law.
A summary judgment does not imply that a judge will decide which side prevails at trial or determine the credibility of witnesses. Instead, it is used when no factual issues exist for a judge or jury to decide.
What is A Summary Judgment Motion In Kansas?
In Kansas, a summary judgment motion is a request made by a litigant for a judgment without trial. According to the K.S.A. 60-256, the defendant or plaintiff can move for a summary judgment. When the plaintiff moves, a declaration must be made based on personal knowledge, and it must set out facts admissible as evidence. If any document is part of the evidence rendered, a certified copy must be attached to the declaration.
According to the law, a litigant can file a motion for summary judgment 30 days after the close of all discovery. In comparison, the opposing party can file a response within 21 days of being served or after a responsive pleading is due, whichever is later. The law also permits the moving party to file a reply within 14 days of receiving the opposing party's response.
Kansas Judgment Record Search
Interested persons can search Kansas judgment records through the following means:
- At the courthouse: Judgment records are accessible at the courthouses. Each courthouse has computers available to the public to search for unsealed judgment records.
- The eCourt Public Access Portal: Kansas public court records, including judgment records, can be searched online using Kansas District Court Public Access Portal (see instructions on using the application). All that is required to search is a case number or party's name.
- Kansas District Court Records Search: The Kansas government provides this application on its official site. Using the search tool, individuals can access public court records for a small fee: $1.50. This fee is nonrefundable. Hence, even if the search yields no result, the researcher will still pay the sum. A Kansas.gov subscriber will not be prompted to pay the fee while searching; instead, the individual's account will be billed.
How Do I Look Up a Judgment In Kansas?
The Kansas judiciary establishes simple methods for the public to look up judgments in the state. Hence, when an individual is interested in obtaining an electronic or physical judgment record, the party can go to the courthouse.
Apart from using the public access computers at the courthouse to obtain unsealed electronic judgments, the individual can obtain paper copies from the court clerk's office. However, the public can still look up these records without going to a courthouse. This can be done by submitting a records request form to the applicable court.
What Happens if You Have a Judgment Against You in Kansas?
In Kansas, anyone who has a judgment entered against them will be notified of the judgment in their mail. Upon receipt, such a person is expected to satisfy or seek relief from the judgment.
Failing to satisfy the judgment often leads to some repercussions. For instance, a creditor can levy the debtor's bank accounts or attach a lien to the debtor's property to clear the judgment debt. Also, the debtor will be mandated to pay any interest accumulated on the unpaid judgment. The court may (upon the creditor's request) order the debtor to pay reasonable expenses spent to collect the judgment as well.
For parties seeking relief from a judgment either by appeal or a motion to vacate, it should be noted that the court cannot overturn or modify a judgment based only on a party's dissatisfaction. There must be valid grounds to make the court change its final decision, e.g., a mistake, an accident, or insufficient service of process.
How Do I Find Out If I Have Any Judgments Against Me In Kansas?
In Kansas, once there is a judgment rendered against someone, the person will usually be informed of the judgment via mail. Alternatively, individuals can discover if a judgment has been issued against them by checking for electronic judgment records. This can be done remotely via the Kansas District Court Public Access Portal or by visiting any courthouse to use the public access computers.
How Long Does A Judgment Stay On Your Record?
Although any judgment entered in Kansas has a 5-year lifespan for execution, it cannot be erased from a court's record. The record remains permanently in the court file and is accessible to the public unless the court seals the file.
How to Enforce a Judgment in Kansas
In Kansas, the judge issues judgment but the responsibility of enforcing it lies with the judgment creditor. However, state law empowers creditors to enforce judgments in various ways upon a debtor's failure to pay. These include:
- A lien on the debtor's real property (land, home, building): This allows the judgment creditor to recover the debt from the sale proceeds of the judgment debtor's property.
- Negotiating with the debtor.
- Wage garnishment: The creditor can obtain a writ of garnishment from the court to collect the judgment debt from the debtor's wages, royalties, workers' compensation, rent, bank account, and other non-exempt money sources. Pension and retirement accounts are exempt from wage garnishments.
However, per K.S.A. § 60-2310, 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 wage garnishment.
- Levying the debtor's bank account. When a debtor refuses to honor a civil judgment, the creditor can ask the court for a bank levy. This permits a bank to freeze the debtor's account(s) until all the judgment debt is paid in full. The levy also allows the creditor to withdraw money without the debtor's permission to pay the judgment.
How To Collect A Judgment In Kansas
To collect a judgment in Kansas, an individual must have been awarded a money judgment in court. Collecting and enforcing a judgment are similar legal procedures. Therefore, the same methods listed above apply when a judgment creditor wants to collect a debt from a judgment debtor in Kansas.
What Happens if a Defendant Does Not Pay a Judgment in Kansas
The consequences for a defendant that fails to pay a judgment in Kansas include:
- Seizure of property: The creditor can request a writ of execution from the court. With this, the debtor's properties can be seized, auctioned, and sold to pay off their debt.
- Judgment lien: This allows the creditor to place a legal claim on the defendant's property and satisfy the judgment from the proceeds from the sale of the property.
- Wage garnishment.
What Personal Property Can Be Seized in a Judgment in Kansas?
One of the repercussions for failing to pay a judgment in Kansas is the seizure of personal property. However, according to K.S.A. 60-2304, these properties are exempt from collection in the state:
- Social Security disability and retirement benefits
- Supplemental Security Income (SSI) benefits
- Veteran's benefits
- Black lung benefits
- Cash assistance under the General Assistance (GA) program and Temporary Assistance for Families (TAF)
- Unemployment compensation
- Workers' compensation
- Certain pension benefits and retirement funds, including KPERS (Kansas Public Employees Retirement System)
- Personal jewelry and other ornaments up to $1,000 in value
- One vehicle regularly used for transportation up to $20,000 in value
- Tools and equipment used in the debtor's principal trade or business up to $7,500 in value
Kansas Judgment Interest Rate
The interest rate on judgments rendered by the Kansas courts is set each year on July 1, per the provisions of K.S.A. 16-204. The past and present rates can be obtained from the Kansas Secretary of State's website. The interest rate for July 1, 2021, through June 30, 2022, is 4.25%.
What is a Default Judgment?
A default judgment is a judgment entered against a defendant who failed to file an answer or defense with the court. This judgment is usually rendered in favor of the plaintiff.
However, the court can also enter a default judgment against a plaintiff when the defendant filed a counterclaim, and the plaintiff failed to appear in court when mandated.
How to File a Motion To Set Aside Default Judgment in Kansas
A motion to set aside a default judgment in Kansas can be filed no later than one year after the judgment. This motion can be filed on the grounds of mistake, inadvertence, surprise, or excusable neglect of the defendant. It can also be filed based on fraud, misrepresentation, or other misconduct of the claimant.
However, if a defendant seeks to set aside a default judgment based on failure to appear in court, the defendant must file the motion not more than 14 days from the date of entry of judgment.
File a Motion to Vacate Judgment in Kansas
A vacated judgment is a judgment that the court has voided. Usually, a request to vacate a judgment is made by the losing party of a lawsuit when sufficient grounds exist to do so. These grounds are outlined in K.S.A.60-260 and include:
- When the judgment is void.
- No personal service or knowledge of the litigation
- Discovery of new evidence that could not have been found in time to move for a new trial.
- Fraud, misrepresentation, or other misconduct from the opposing party.
How To Remove An Abstract Of Judgment In Kansas
An abstract of judgment is a legal form that a judgment creditor files to place a lien on a debtor's real property or pending lawsuit to recover a judgment debt.
To remove a lien created by an abstract judgment in Kansas, a debtor must pay what is owed to the creditor. The court is not involved in any collection processes. As such, unless a statute of limitations releases a lien, only the creditor can remove the lien.
How Long Is a Judgment Good For Kansas
In Kansas, a judgment is valid for five years. If it is not renewed or executed within this period, it becomes dormant and ceases to operate as a lien on a judgment debtor's real estate.
Kansas Judgment Statute of Limitations Law
The judgment statute of limitations law governing the enforceability of judgments in Kansas is K.S.A 60-2403. Per this law, all Kansas judgments become dormant after five years unless renewed.
