Kansas > Statewide > District Court > Chapter 61 > Executions And Hearings In Aid
Notice To Judgment Debtor (General Execution) - Kansas
| Notice To Judgment Debtor (General Execution) Form. This is a Kansas form and can be used in Executions And Hearings In Aid Chapter 61 District Court Statewide . |
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Prepared by: Filers name, SC# Filers address Filers phone number {Filers fax phone number} {Filers e-mail address} Attorney for Judgment Creditor In The District Court of ______ County, KansasJudgment Creditor name Judgment Creditor vs. Case No. ______Judgment Debtor name Judgment Debtor TO BE SERVED ON THE JUDGMENT DEBTOR WITH THE WRIT OF EXECUTION. NOTICE TO JUDGMENT DEBTOR (General Execution) You are hereby notified that the court has issued an order called a writ of execution in the above case infavor of (name and address of judgment creditor), the judgment creditor in this proceeding, directingthat any of your property which is not exempt under the law be used to satisfy your debt to thejudgment creditor. This order was issued to enforce the judgment obtained by the judgment creditoragainst you in this case on ___________________, ________. The law of Kansas and the United States provides that certain property cannot be taken from you topay a debt. Such property is commonly referred to as exempt property. Examples of exempt propertywhich cannot be attached or executed upon by a creditor are: (1) Social Security disability and retirement benefits; (2) Supplemental Security Income (SSI) benefits; (3) Veterans benefits; (4) Black lung benefits; (5) Cash assistance payments under the Temporary Assistance for Families (TAF) program; (6) Cash assistance payments under the General Assistance (GA) program; (7) Unemployment compensation payments; (8) Workers compensation payments; (9) Certain pension benefits and retirement funds, including KPERS; <<<<<<<<<********>>>>>>>>>>>>> 2 (10) Furnishings, equipment and supplies in your possession and reasonably necessary at yourprincipal residence; (11) Personal jewelry and other ornaments up to $1,000 in value; (12) One vehicle regularly used for transportation up to $20,000 in value; (13) Tools and equipment used in your principal trade or business up to $7,500 in value; (14) Homestead (usually, your residence). This is not an exclusive list. Other state and federal exemptions may apply to you. Certain exemptionsmay not apply to support orders or to back taxes. These exemptions generally apply only to personsand not to entities such as corporations. An attorney can assist you in determining which of yourproperty is exempt. If you believe that the property which has been taken is exempt and should not be given to thejudgment creditor, you may request a hearing before the court to assert this claim. In order to request ahearing, you should fill out the form at the bottom of this notice and obtain from the clerk of the court orthe court a date and time for the hearing, and file the form with the clerk of the court at (address ofcourt). Immediately after the request for hearing is filed, you shall hand-deliver a copy of the requestfor hearing to the judgment creditor or judgment creditors attorney, if the judgment creditor isrepresented by an attorney, or mail a copy of the request for hearing to the judgment creditor or thejudgment creditors attorney, if the judgment creditor is represented by an attorney, by first-class mail atthe judgment creditors, or judgment creditors attorneys, last known address. You should ask for thishearing as soon as possible. If you ask for a hearing to claim that your money or property is exempt,the court will hold a hearing after it receives your request. At the hearing you should present anyevidence you have to show that your property is exempt. The burden is on you to prove that some orall of your property subject to the execution is exempt. You may wish to consult an attorney torepresent you at this hearing. ______________________________________________________________________________ (Name and address of court)Case No. _______ REQUEST FOR HEARINGI request a hearing because the property which is being seized by the judgment creditor is exempt because it is ______________________________________________________________________________ (reason property is exempt)_______________________________________ ______________________________________Name of Judgment Debtor Signature of Judgment Debtor_______________________________________ ______________________________________<<<<<<<<<********>>>>>>>>>>>>> 3_______________________________________ ______________________________________Address Date_____________________________________________________________________________City, State, Zip Code Telephone No. ____________________________________________________________________________________________________________________________________________________________THIS PART SHALL BE COMPLETED BY CLERK OF THE DISTRICT COURT: The hearing requested shall be held on the _______(day) day of _______(month), _______(year), at _______(time) oclock _______(am or pm). ____________________________________________________________________________________________________________________________________________________________ Certificate of Service I delivered a copy of the above request for hearing to the judgment creditor or judgment creditorsattorney, if judgment creditor is represented by an attorney, by hand-delivery or first-class mail in thefollowing manner and at the following address, on the date shown below:_______________________________________________________ (name of judgment creditor or judgment creditors attorney) _______________________________________________________ _______________________________________________________ (address of judgment creditor or judgment creditors attorney) _______________________________________________________ (manner delivered--hand-delivery or first-class mail) _______________________________________________________ (date delivered) ______________________________________ Signature of Judgment Debtor
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