60-2401. Writ of execution.
60-2401
60-2401. Writ of execution.(a) Definitions. A general execution is a direction to an officer toseizeany nonexempt property of a judgment debtor and cause it to be sold insatisfaction of the judgment. A special execution or order of sale is adirection to an officer to effect some action with regard to specified propertyas the court determines necessary in adjudicating the rights of parties to anaction. Notwithstanding the provisions of K.S.A. 60-706, and amendmentsthereto, executions served under this section shall be by personal service andnot by certified mail return receipt requested. If personal service cannot beobtained, other forms of service of process are hereby authorized.
(b) By whom issued. At the request of any interestedperson, executions and orders of sale shall be issuedby the clerk and signedby a judge. Such executions and orders shall be directed to theappropriate officers of the counties where such executions andorders are to be levied.
To the extent authorized by K.S.A. 39-7,152 and amendmentsthereto, thesecretary of social and rehabilitation services may issue an order ofexecution, which shall be directed to the appropriate officer of the countywhere the execution is to be levied. The secretary shall deliver the executionto the appropriate officer, and a copy of the execution shall be filed with theclerk of the district court where the support order was entered or registered.The execution shall thereafter be treated in all respects as though it had beenissued at the request of the secretary by the clerk of court where the supportorder was entered or registered.
(c) When returnable. The officer to whom any execution or order ofsale is directed shall return it to the court from which it is issued within 60days from the date thereof. If the execution was issued by the secretary ofsocial and rehabilitation services, the return shall be made to the court wherethe underlying support order was entered or registered.
(d) Manner of levy. Except as provided in subsection (a), ageneralexecution shall be levied upon any real or personal nonexempt property of thejudgment debtor in the manner provided for the service and execution of ordersof attachment under K.S.A. 60-706 through 60-710, and amendments thereto. Oiland gas leaseholds, for the purposes of this article, shall be treated as realproperty. Special executions or orders of sale shall be levied and executed asthe court determines.
History: L. 1963, ch. 303, 60-2401; L. 1983, ch. 200, § 1; L. 1992,ch. 290, § 2;L. 1997, ch. 182, § 74;L. 2004, ch. 7, § 1; July 1.