Session of 1999
HOUSE BILL No. 2360
By Representative Minor
2-9
9 AN ACT concerning small claims procedure; relating to corporate rep-
10 resentation; amending K.S.A. 61-2707 and repealing the existing
11 section.
12
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 61-2707 is hereby amended to read as follows: 61-
15 2707. (a) The trial of all actions shall be by the court, and no party in any
16 such action shall be represented by an attorney prior to judgment. A
17 corporation may be represented by an officer of the corporation or by an
18 agent designated by corporate resolution. Discovery methods or proceed-
19 ings shall not be allowed nor shall the taking of depositions for any pur-
20 pose be permitted. No order of attachment or garnishment shall be issued
21 in any action commenced under this act prior to judgment in such action.
22 (b) When entering judgment in the action, the judge shall include as
23 a part of the judgment form or order a requirement that, unless the
24 judgment has been paid, the judgment debtor shall submit to the clerk
25 of the district court, within 30 days after receipt of the form therefor, a
26 verified statement describing the location and nature of property and
27 assets which the person owns, including the person's place of employ-
28 ment, account numbers and names of financial institutions holding assets
29 of such person and a description of real property owned by such person.
30 The office of judicial administration shall develop the form to be used in
31 submitting information to the clerk under this subsection. The court shall
32 also include as a part of the judgment form or order a requirement that,
33 within 15 days of the date judgment is entered, unless judgment has been
34 paid, the judgment creditor shall mail a copy of the judgment form or
35 order to the judgment debtor, together with the form for providing the
36 information required to be submitted under this subsection, and that the
37 judgment creditor shall file with the court proof of the mailing thereof.
38 When the form containing the required information is submitted to the
39 clerk as required by this subsection, the clerk shall note in the record of
40 the proceeding that it was received and then shall mail the form to the
41 judgment creditor. No copy of such form shall be retained in the court
42 records nor shall it be made available to other persons. Upon motion of
43 the judgment creditor, the court may punish for contempt any person
44 failing to submit information as required by this subsection.
45 (c) Any judgment entered under this act on a claim which is not a
46 small claim, as defined in K.S.A. 61-2703 and amendments thereto, or
47 which has been filed with the court in contravention of the limitation
48 prescribed by K.S.A. 61-2704 and amendments thereto on the number
49 of claims which may be filed by any person, shall be void and
50 unenforceable.
51 Sec. 2. K.S.A. 61-2707 is hereby repealed.
52 Sec. 3. This act shall take effect and be in force from and after its
53 publication in the statute book.