Kansas Judgment by Default - B 261A

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US-B-261A
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Description

This form is a judgment by default. This form is used to issue a judgment in favor of plaintiff against the defendant pursuant to Fed. R. Bankr. P. 7055.

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FAQ

(a) (1) Except as provided in subsection (b), if a renewal affidavit is not filed or if execution, including any garnishment proceeding, support enforcement proceeding or proceeding in aid of execution, is not issued, within five years from the date of the entry of any judgment in any court of record in this state, ...

A default judgment may be entered against the state, its officers or its agencies only if the claimant establishes a claim or right to relief by evidence that satisfies the court.

A dormant judgment may be revived and have the same force and effect as if it had not become dormant if the holder thereof files a motion for revivor and files a request for the immediate issuance of an execution thereon if such motion is granted.

(b) Offer of judgment. At any time more than 21 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against such party for the money or property or to the effect specified in such party's offer, with costs then accrued.

A judgment may also be revived by the filing of a written stipulation of revivor signed by all of the parties affected thereby. For the purpose of this section, a support enforcement proceeding, as defined by K.S.A.

Judgments Last Five Years in Kansas This means that unless the judgment is renewed by the courts, after five years, it will cease to operate as a lien against the defendant's estate. In other words, the defendant is no longer responsible for paying off any amount remaining on the judgment.

If you're asking for a court judgment, you need to write a Declaration that says who is who in the case, the legal reason you filed the lawsuit, what evidence you have that proves your case, and what interest, if any, the defendant owes you.

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Kansas Judgment by Default - B 261A