60-2403. Judgment, when dormant; release of record; child support judgments after July 1, 2007, never dormant. - Kansas Statutes

60-2403

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

      60-2403.   Judgment, when dormant; release of record;child support judgments after July 1, 2007, never dormant.(a) (1) Except as provided in subsection (b) or(d), if arenewal affidavit is notfiled or if execution, including anygarnishment proceeding, support enforcement proceeding or proceeding inaid of execution, is not issued, within fiveyears from the dateof the entry of any judgment in any court of record inthis state, including judgments in favor of the state or anymunicipality in the state, or within five years from the dateof any order reviving the judgment or, if five years have intervenedbetween the date of the last renewal affidavit filed or execution proceedingsundertaken on the judgment and thetime of filing another renewal affidavitor undertaking execution proceedings on it, thejudgment, includingcourt costs and fees therein shall become dormant, and shall cease tooperate as a lien on the real estate of the judgment debtor.When a judgment becomesand remains dormant for a periodof two years, it shall be the duty of thejudge to releasethe judgment of record when requested to do so.

      (2)   A "renewal affidavit" is a statement under oath, signed by thejudgmentcreditor or the judgment creditor's attorney, filed in the proceedings inwhich the judgment was entered and stating the remaining balance due andunpaid on the judgment.

      (3)   A "support enforcement proceeding" means any civil proceeding toenforce any judgment for payment of child support or maintenance and includes,but is not limited to, any income withholding proceeding under the incomewithholding act, K.S.A. 23-4,105 through 23-4,118 and amendments thereto, orthe interstate income withholding act, K.S.A. 23-4,125 through 23-4,137 andamendments thereto, any contempt proceeding and any civil proceeding under theuniform interstate family support act, K.S.A. 23-9,101et seq., and amendments thereto.

      (b)   Except for those judgments which have become void as of July 1, 2007, nojudgment for thesupport of a child shall be or become dormant for any purpose except asprovided in this subsection. If a judgment would have become dormant under theconditions set forth in subsection (a), the judgment shall cease to operate asa lien on the real estate of the judgment debtor as of the date the judgmentwould have become dormant, but the judgment shall not be released of recordpursuant to subsection (a).

      (c)   The time within which action must be taken to prevent a judgmentfrom becoming dormant does not run during any period in which theenforcement of the judgment by legal process is stayed or prohibited.

      (d)   If a renewal affidavit is not filed or if execution is not issued,within 10 years from the date of the entry of any judgment of restitution inany court of record in this state, the judgment, including court costsand fees therein shall become dormant, and shall cease to operate as a lien onthe 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 shallbe the duty of the judge to release thejudgment of record whenrequested to do so.

      History:   L. 1963, ch. 303, 60-2403; L. 1973, ch.238, § 1; L. 1984, ch. 147, § 14;L. 1985, ch. 115, § 54;L. 1988, ch. 218, § 2;L. 1990, ch. 207, § 2;L. 1992, ch. 103, § 1;L. 1995, ch. 257, § 8;L. 2007, ch. 174, § 6; July 1.