60-1007. Same; sale of property to satisfy judgment. - Kansas Statutes

60-1007

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

      60-1007.   Same; sale of property tosatisfy judgment.(a) Any sale conducted under the provisions of this section shall besubject to the provisions of K.S.A. 60-2406, and amendments thereto,exceptthat the disposition ofproceeds after the satisfaction of senior security interests or liens shall bemade in accordance with the provisions of K.S.A. 60-1009, and amendmentsthereto. Before the sheriffproceeds to sell the personal property pursuant to order of the court, thesheriff shall cause public notice to be given of the time and place 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 any newspaper published in the county, and which is qualified tocarry legal publications, or, in the discretion of the court, by postingnotices in five public places in the county, one of which shall beon abulletin board established for public notices in the county courthouse.Within five days of the date of first publication or posting ofnotice,plaintiff shall send by restricted mail a copy of suchnotice to thedefendant and to those persons known by the plaintiff to have a securityinterest in the property. Such notice shall be sent to the last knownaddress of the person to whom sent and shall be in compliance withK.S.A. 2009 Supp.84-1-202(d) and (e), and amendmentsthereto. If the personal property cannot be soldat the special execution sale for want of bidders, the judgment creditormay direct the sheriff to return the special execution showing that factor, at the creditor's option, may report the same tothe judge and obtain an orderpermitting a second sale under the same special execution and an extensionof the return day of the special execution if necessary.

      (b)   If the personal property to be sold shall consist of more than oneitem of property, the sheriff shall sell only so much of the personalty in thesheriff's custody as is necessary to satisfy the judgment, interest and costs,and shall return the balance of any property remaining unsold to thedefendant by notifying the defendant of the time and place when same may beobtained.

      (c)   Neither the sheriff nor any other member of thesheriff's staff may bidat any such sale.

      (d)   The provisions of K.S.A. 60-2411, and amendments thereto, relatingto advancement ofprinter's fees shall apply to this section.

      History:   L. 1973, ch. 236, § 2;L. 1976, ch. 255, § 2;L. 2007, ch. 89, § 30; July 1, 2008.