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Home » US Law » 2021 Kansas Statutes » Chapter 61 - Procedure, Civil, For Limited Actions » Article 37 - Replevin And Foreclosure Of Secured Interests

61-3701 Replevin; procedure; orders; execution; judgment.

61-3701. Replevin; procedure; orders; execution; judgment. Upon the commencement of an action, the plaintiff may recover possession of specific personal property before or after judgment. (a) Claim for possession of property. A plaintiff may seek an order to obtain possession of specific personal property as follows: Petition. The plaintiff shall file a petition stating: (1) […]

61-3702 Foreclosure of security interest; procedure; orders; execution; judgment.

61-3702. Foreclosure of security interest; procedure; orders; execution; judgment. A plaintiff may bring an action to reduce an indebtedness to a money judgment and to foreclose the security interest in specific personal property given to secure such indebtedness. The plaintiff, at any time before judgment is rendered, may obtain immediate possession of the specified property […]

61-3703 Same; sale of property to satisfy judgment.

61-3703. Same; sale of property to satisfy judgment. (a) Any sale conducted under the provisions of this section shall be subject to the provisions of K.S.A. 60-2406, and amendments thereto, except that the disposition of proceeds after the satisfaction of senior security interests or liens shall be made in accordance with the provisions of K.S.A. […]

61-3704 Return; confirmation of sale.

61-3704. Return; confirmation of sale. Upon sale of such property, the appropriate officer shall make a return of such sale to the clerk of the court, together with an itemization of the officer’s expenses of sale. The court, upon finding the proceedings regular and in conformity with law, shall confirm the same, and order the […]

61-3705 Application of proceeds.

61-3705. Application of proceeds. (a) Upon the sale of personal property by the appropriate officer, the clerk of the court shall apply the proceeds of sale in the following priority: (1) To the court costs of the action including the officer’s expenses and cost of publication; (2) in accordance with the provisions of K.S.A. 60-2406, […]