Judgments – Foreign Judgments – Kansas
Foreign judgment, defined.
In this act “foreign judgment” means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state: Provided, No judgment of any court of this state shall be deemed to be a foreign judgment in any other court of this state. Chap. 60, Art. 30, §60-3001.
Filing and status of foreign judgments.
A copy of any foreign judgment authenticated in accordance with the act of congress, the statutes of this state or certified in accordance with the statutes of the state in which the judgment was rendered, may be filed in the office of the clerk of any district court of this state. Such copy must be filed by an attorney licensed to practice law in the state of Kansas. The clerk of the district court shall treat the foreign judgment in the same manner as a judgment of the district court of this state. A judgment filed as provided by this section has the same effect and is subject to the same procedures, defenses and proceedings as a judgment of a district court of this state and may be enforced orsatisfied in like manner, except that, if, at the time of filing of the foreign judgment in this state, the judgment is enforceable in the state or jurisdiction where it was originally rendered, the statutes of limitations contained in article 5 of chapter 60 of the Kansas Statutes Annotated shall not be a defense to the judgment or the filing of the foreign judgment in this state. Chap. 60, Art. 30, §60-3002.
Same; notice of filing.
(a) At the time of the filing of the foreign judgment, the judgment creditor or his or her lawyer shall make and file with the clerk of the district court an affidavit setting forth the name and last known post-office address of the judgment debtor, and the judgment creditor.
(b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk of the district court shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post-office address of the judgment creditor and the judgment creditor’s lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk of the district court. Lack of mailing notice of filing by the clerk of the district court shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. Chap. 60, Art. 30, §60-3003.
Same; stay of enforcement, when.
(a) If the judgment debtor shows the district court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
(b) If the judgment debtor shows the district court any ground upon which enforcement of a judgment of any district court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state. Chap. 60, Art. 30, §60-3004.
Foreign judgment, filing; court fees.
Any person filing a foreign judgment shall pay to the clerk of the district court a docket fee as prescribed by K.S.A. 60-2001, and amendments thereto. Any additional fees or charges not specifically covered by the docket fee shall be assessed as additional court costs in the same manner and to the same extent as if the action had been originally commenced in the court where the foreign judgment is filed. Chap. 60, Art. 30, §60-3005.
Same; optional procedure.
The right of a judgment creditor to bring an action to enforce his or her judgment instead of proceeding under this act remains unimpaired. Chap. 60, Art. 30, §60-3006.
Uniformity of interpretation.
This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Chap. 60, Art. 30, §60-3007.
Citation of act.
This act may be cited as the uniform enforcement of foreign judgments act. Chap. 60, Art. 30, §60-3008.