Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
1. Understand the Purpose of the Affidavit
An Affidavit for Order to Seize Personal Property (sometimes called an affidavit of collection) allows a judgment creditor to ask the Kansas district court to authorize seizure of a debtor’s personal property to satisfy a money judgment. See K.S.A. 60-705 and 60-719.
2. Ensure You Have a Valid Money Judgment
Before filing an affidavit, you must hold a final, unsatisfied judgment against the debtor. The judgment amount must be entered on the court’s docket, and any appeal period must have expired or been resolved.
3. Draft the Affidavit According to Kansas Statutes
Your affidavit should include:
- Case Caption: Court name, case number, parties’ names.
- Judgment Details: Date entered, amount owed, any post-judgment interest.
- Description of Property: A specific, sworn statement describing the personal property you believe the debtor owns and that may be seized.
- Grounds for Seizure: A statement that the property is not exempt or that an exemption has been waived, and that the property is within the county.
- Verification: A jurat stating the affiant is under oath and subject to penalty of perjury.
Refer to the Kansas statute on seizure and sale to satisfy judgment (K.S.A. 60-719).
4. File and Serve the Affidavit
File the signed affidavit with the district court clerk. You must also serve a copy on the judgment debtor, in compliance with K.S.A. 60-204 (methods of service). Proof of service must be filed before the court will act.
5. Obtain the Court’s Order and Sheriff’s Writ
Once the court reviews your affidavit and supporting documents, it may issue an Order to Seize Personal Property and a Writ of Execution directed to the county sheriff. The clerk will certify the affidavit and the order on the court file.
6. Sheriff’s Execution and Sale
The sheriff enforces the writ by seizing and, if necessary, selling the specified property at public auction. Proceeds go toward satisfying the judgment, costs, and fees. Any surplus must be returned to the debtor. For details, see K.S.A. 60-705.
Helpful Hints
- Verify the judgment is unsatisfied and not stayed before filing.
- Use exact legal descriptions for property to avoid challenges.
- Maintain meticulous proof of service to the debtor.
- Consult the Kansas district court’s local rules for formatting requirements.
- Track all deadlines for objections; debtors may contest seizures.
- Consider exemptions under Kansas law (e.g., household goods) before drafting your affidavit.
- Keep copies of every filed document and certified orders for sheriff’s execution.