Kansas Statutes 28-178. Discretionary charge by supreme court
Terms Used In Kansas Statutes 28-178
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Property: includes personal and real property. See Kansas Statutes 77-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(a) In addition to any other fees specifically prescribed by law, on and after July 1, 2019, through June 30, 2025, the supreme court may impose a charge, not to exceed $12.50 per fee, to fund the costs of non-judicial personnel, on the following:
(1) A person who requests an order or writ of execution pursuant to Kan. Stat. Ann. §§ 60-2401 or 61-3602, and amendments thereto.
(2) Persons who request a hearing in aid of execution pursuant to Kan. Stat. Ann. § 60-2419, and amendments thereto.
(3) A person requesting an order for garnishment pursuant to article 7 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto, or article 35 of chapter 61 of the Kansas Statutes Annotated, and amendments thereto.
(4) Persons who request a writ or order of sale pursuant to Kan. Stat. Ann. §§ 60-2401 or 61-3602, and amendments thereto.
(5) A person who requests a hearing in aid of execution pursuant to Kan. Stat. Ann. § 61-3604, and amendments thereto.
(6) A person who requests an attachment against the property of a defendant or any one or more of several defendants pursuant to Kan. Stat. Ann. §§ 60-701 or 61-3501, and amendments thereto.
(b) The clerk of the district court shall remit all revenues received from the fees imposed pursuant to subsection (a) to the state treasurer, in accordance with the provisions of Kan. Stat. Ann. § 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(c) The fees established in this section shall be the only fee collected or moneys in the nature of a fee collected for such court procedures. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee.