61-3608. Bench warrant; hearing; penalty. - Kansas Statutes

61-3608

Chapter 61.--PROCEDURE, CIVIL, FOR LIMITED ACTIONS Article 36.--EXECUTIONS

      61-3608.   Bench warrant; hearing; penalty.(a) Ifa person fails to comply with therequirements ofK.S.A. 61-3606, and amendments thereto, or if it appears to thecourt that theperson is hiding to avoid the process of the courtor is about to leave the county for that purpose, the court may issue a benchwarrantcommanding the sheriff to whom it is directed to bring such person before thecourt to answerfor contempt. The bench warrant does not need to be supported by affidavit orotherverification. The court may make such orders concerning the release of theperson pendingthe hearing as the court deems proper.

      (b)   When such person is brought before the court, a hearing shall be held todetermine if theperson should be punished for contempt. If the court determines that the personis guilty ofcontempt, the court may punish the person by a fine in an amount to be set bythe court or byimprisonment in the county jail for a period of not to exceed 30 days, or both.The court mayalso order the person guilty of contempt to pay the reasonable attorney feesincurred by thejudgment creditor in the filing of the bench warrant and the hearing thereon.

      History:   L. 2000, ch. 161, § 69;L. 2002, ch. 157, § 15; July 1.