2009 Kansas Code
Chapter 60 PROCEDURE, CIVIL
Article 10 ACTIONS RELATING TO PROPERTY
60-1009. Same; application of proceeds.

60-1009

Chapter 60.--PROCEDURE, CIVIL Article 10.--ACTIONS RELATING TO PROPERTY

      60-1009.   Same; application of proceeds. Upon the sale of personal property by the sheriff under this act, the clerk of the court shall apply the proceeds of sale in the following priority: (a) To the court costs of the action including the sheriff's expenses and cost of publication;

      (b)   in accordance with the provisions of K.S.A. 60-2406;

      (c)   in satisfaction of all judgments rendered in the action against the defendant or the property in accordance with the priority determined by the court;

      (d)   any surplus shall be paid to the debtor-defendant, except that if any other security interest holder has, subsequent to the entering of the judgment of foreclosure, filed with the clerk of the court a written notification of demand furnishing reasonable proof of his or her interest, the clerk shall withhold any payment to the debtor-defendant. Such security interest holder must serve the debtor-defendant with notice of his or her demand within ten (10) days after such filing and furnish proof of such notice to the court.

      If the debtor-defendant does not notify the clerk in writing within ten (10) days that he or she takes exception to the demand of said security interest holder, the clerk shall apply said surplus to the said demand and pay any balance to the debtor-defendant.

      If the debtor-defendant does notify the clerk in writing within ten (10) days that he or she takes exception to said demand, the clerk shall withhold all surplus in his or her hands for a period of thirty (30) days. If said security interest holder has not commenced a separate action to recover his or her claim and garnished the clerk within said time, the clerk shall pay said surplus to the debtor-defendant.

      History:   L. 1973, ch. 236, § 4; July 1.