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  1. #1
    Join Date
    Apr 2009
    Posts
    5

    Default Kansas Lawsuit Under Chapter 61 Upgraded to Chapter 60

    I am writing to get some info. on Kansas Chapter 60/61 and a civil lawsuit that is in process. I know nothing about Kansas law or debt collection, but have a vested interst in a case I have just learned about thorugh a little reseach. Basically, this person initially had a limited case "LM" for a promisory note (against home) and a judgement was entered. (Apprently the whole amount is in default based on the judgement amounts). About a month later this case has been "upgraded" from limited to a civil case with a last action being the filing for the promotion for Chapter 61 to 60. Can someone help me understand exactly what this is what is going to happen based on where this case stands. Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Kansas Chapter 61 Updgrade to Chapter 60

    Chapter 61 of the Kansas Statutes governs "limited actions", whereas Chapter 60 governs civil actions that exceed the limited scope of Chapter 61. Presumably one party or the other filed a pleading or motion that caused the matter to be removed to Chapter 60, likely based either upon a statute that allows such a request or their new claim taking the case outside of the court's limited jurisdiction, or the court ruled sua sponte that it didn't have jurisdiction over one or more of the issues before it. Read the court file, as you'll probably find the answer there.

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