2009 Kansas Code
Chapter 60 PROCEDURE, CIVIL
Article 3 PROCESS
60-309. Opening default judgment rendered on service by publication.
60-309
60-309. Opening default judgment rendered on service by publication. (a) Procedure. A party against whom a judgment has been rendered without other service than publication in a newspaper, may, at any time within two (2) years after the entry of the judgment, have the same opened and be let in to defend. Before the judgment may be opened the applicant shall give notice to the adverse party of his or her intention to make such an application and shall file a full answer to the petition, pay all costs if the court require them to be paid, and make it appear to the satisfaction of the court by affidavit that during the pendency of the action the applicant had no actual notice thereof in time to appear in court and make a defense. The adverse party on the hearing of the application may present counter affidavits.
(b) Sale for value after six months. If no proceedings are commenced under subsection (a) within six (6) months from the date the judgment was entered, any sale of property made to a purchaser for value in reliance upon the judgment, is not affected by any such proceedings.
(c) Judicial sales. If property is sold on order of sale under the judgment sought to be opened, the sale is not affected by any proceedings brought under subsection (a). Unless the court finds from affidavits or other evidence that actual notice has been given before judgment to the defendants served only by publication, the proceeds of the sale shall be impounded by the court and not distributed (1) until three months have elapsed from the time the judgment was entered, or (2) until proceedings under subsection (a), if brought within said three months period, are disposed of and the right to the impounded proceeds determined.
(d) Bond in lieu of impounding proceeds. In lieu of impounding the proceeds of sale as provided in subsection (c) any party having an interest under the judgment may give a bond to be approved by the court, for the payment of an amount not exceeding the amount of the proceeds of sale, to other persons found in such proceedings to be entitled thereto.
History: L. 1963, ch. 303, 60-309; Jan. 1, 1964.
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