60-4302: Same; notice of filing.
(a) At the time of the filing of the judgment of restitution,
the judgment creditor or such creditor's attorney 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 judgment of restitution and the
affidavit, the clerk of the district court shall mail notice of the filing of
the 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 attorney. 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.
History: L. 1995, ch. 257, § 10; July 1.
60-4303: Same; filing; docket fee.
Any person filing a judgment of restitution shall pay to the
clerk of the district court a docket fee as prescribed by subpart 2. of
subsection (a) of K.S.A. 28-170, 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 judgment is filed.
History: L. 1995, ch. 257, § 11; July 1.
60-4304: Same; optional procedure; set off against
subsequent civil
recovery.
(a) The right of a judgment creditor to bring an action to
enforce such creditor's judgment instead of proceeding under
K.S.A. 60-4301 through 60-4303 remains unimpaired.
(b) A judgment of restitution will not bar any subsequent civil remedy or
recovery, but the amount of any restitution paid shall be set off against any
subsequent civil recovery.
History: L. 1995, ch. 257, § 12; July 1.
60-4305: Records subject to disclosure when offender ordered to pay
restitution.
Records or information in the custody of the Kansas parole
board, any community correctional service program or any district court
regarding the financial assets, income or employment of a criminal offender
shall be subject to disclosure to any victim to whom such offender has been
ordered to pay restitution, or to anyone acting on behalf of such victim to
collect the ordered restitution, until such time as all restitution is paid in
full.
History: L. 1996, ch. 195, § 5; July 1.