60-2409. Notice of sale of personal property; resale.

60-2409

Chapter 60.--PROCEDURE, CIVIL
Article 24.--EXECUTIONS AND ORDERS OF SALE

      60-2409.   Notice of sale of personalproperty; resale.The officer who levies upon personal property,before such officerproceedsto sell the same, shall cause public notice to be given of the time andplace ofsale, for at least 10 days before the day of sale. Thenotice shallbe given by publication at least once each week for two consecutiveweeks in some newspaper meeting thequalifications prescribed by K.S.A. 64-101, and amendments thereto, or,in the discretion of thecourt, by putting up advertisements in five public places in thecounty, one of which shall be on a bulletin board established for publicnotices in the county courthouse. Within five days of the date offirstpublication or posting of notice, plaintiff shall send by restricted maila copy of such notice to the defendant and to those personsknown by theplaintiff to have a security interest in the property. Such notice shallbe sent to the last known address of the person to whom sent and shall bein compliance withK.S.A. 2009 Supp.84-1-202(d)and (e), and amendments thereto. If the personal propertylevied uponcannot be sold at the execution sale for want of bidders, the judgmentcreditor may direct the officer to return the execution showing that factor, at such creditor's option, such creditor may report thesame to thejudge and obtain an orderpermitting a second sale under the same execution and an extension of thereturn day of the execution if that be necessary.

      History:   L. 1963, ch. 303, 60-2409; L. 1972, ch.224, § 1; L. 1976, ch. 255, § 1;L. 2007, ch. 89, § 31; July 1, 2008.