60-2404. Revivor of dormant judgment. - Kansas Statutes

60-2404

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

      60-2404.   Revivor of dormant judgment.A dormant judgment may be revived and have the same force and effect asif it had not become dormant if the holder thereof files a motion forrevivor and files a request for the immediate issuance of an executionthereon if such motion is granted. Notice of the filing of the motion shallbe given as for a summons under article 3 of this chapter. Ifthe motion for revivor was filed within two years after the date on whichthe judgment became dormant or, in the case of a child support judgment,was filed during the period prior to the child's emancipation, within twoyears after the child's emancipation or within two years after the judgmentbecame dormant, whichever is later, on the hearing thereof the courtshall enter an order of revivor unless good cause to the contrary be shown,and thereupon the execution shall issue forthwith. On the hearing of amotion to revive a child support judgment, the court may enter an order toprevent the unjust enrichment of any party or to ensure that payments willbe disbursed to the real party in interest. A judgment may also be revivedby the filing of a written stipulation of revivor signed by all of theparties affected thereby. For the purpose of this section, a support enforcement proceeding, asdefined by K.S.A. 60-2403 and amendments thereto, or any attachment orgarnishment process shall have the same effect as the issuance of an execution.

      History:   L. 1963, ch. 303, 60-2404;L. 1988, ch. 218, § 3;L. 1990, ch. 208, § 1;L. 1992, ch. 103, § 2; July 1.