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Re: SOL for judgment
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Posted by Why Chat (209.240.222.130) on July 02, 2002 at 13:52:38:
In Reply to: SOL for judgment posted by Marcy on July 02, 2002 at 10:12:29:
As I understand the Kansas law,a filing affadavit must be done to renew the judgment.I am not sure what affect their NOT filing before the 5 years would have,you would have to check with a Ks. lawyer on that. I do not know if you are paying to the original credtor (or their lawyer) who filed the judgment or not, but you sould get your OWN lawyer to check things out for you and make sure the $$ are properly accounted for and credited to the judgment.
60-2403
Chapter 60.--PROCEDURE, CIVIL
Article 24.--EXECUTIONS ANDORDERS OF SALE
60-2403. Judgment, when dormant; release of record. (a) (1) Except as provided in subsection (d), if a renewal affidavit is not filed or if execution, including any garnishment proceeding, support enforcement proceeding or proceeding in aid of execution, is not issued, within five years from the date of the entry of any judgment in any court of record in this state, including judgments in favor of the state or any municipality in the state, or within five years from the date of any order reviving the judgment or, if five years have intervened between the date of the last renewal affidavit filed or execution proceedings undertaken on the judgment and the time of filing another renewal affidavit or undertaking execution proceedings on it, the judgment, including court costs and fees therein shall become dormant, and shall cease to operate as a lien on the real estate of the judgment debtor. Except as provided in subsection (b), when a judgment becomes and remains dormant for a period of two years, it shall be the duty of the clerk of the court to release the judgment of record when requested to do so.
(2) A "renewal affidavit" is a statement under oath, signed by the judgment creditor or the judgment creditor's attorney, filed in the proceedings in which the judgment was entered and stating the remaining balance due and unpaid on the judgment.
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