Kansas Statutes 60-4111. Claims
Terms Used In Kansas Statutes 60-4111
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Interest holder: means a secured party within the meaning of the uniform commercial code, a mortgagee, lien creditor, judgment creditor or the beneficiary of a security interest or encumbrance pertaining to an interest in property, whose interest would be perfected against a good faith purchaser for value. See Kansas Statutes 60-4102
- Notice of pending forfeiture: means a written statement by the plaintiff's attorney following a seizure of property but prior to the filing of a judicial complaint against such property allowing for an administrative resolution to claims or recognition of exemptions. See Kansas Statutes 60-4102
- Owner: means a person, other than an interest holder, who has an interest in property. See Kansas Statutes 60-4102
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: means anything of value, and includes any interest in property, including any benefit, privilege, claim or right with respect to anything of value, whether real or personal, tangible or intangible. See Kansas Statutes 60-4102
- Seizing agency: means any department or agency of this state or its political subdivisions which regularly employs law enforcement officers and which employed the law enforcement officer who seized property for forfeiture, or such other agency as the seizing agency may designate in a particular case. See Kansas Statutes 60-4102
(a) Only an owner of or interest holder in property seized for forfeiture may file a claim, and shall do so in the manner provided in this section. The claim shall be mailed to the seizing agency and to the plaintiff‘s attorney by certified mail, return receipt requested, within 60 days after the effective date of notice of pending forfeiture.
(b) The claim shall be signed by the claimant under penalty of perjury, Kan. Stat. Ann. § 21-5903, and amendments thereto, and shall set forth the following:
(1) The caption of the proceedings and identifying number, if any, as set forth on the notice of pending forfeiture or complaint, the name of the claimant, and the name of the plaintiff’s attorney who authorized the notice of pending forfeiture or complaint;
(2) the address where the claimant will accept mail;
(3) the nature and extent of the claimant’s interest in the property; and
(4) a detailed description of when and how the claimant obtained an interest in the property.
(c) Substantial compliance with subsection (b) shall be deemed sufficient.
(d) It is permissible to assert the right against self-incrimination in a claim. If a claimant asserts the right, the court, in the court’s discretion, may draw an adverse inference from the assertion against the claimant. The adverse inference shall not, by itself, be the basis of a judgment against the claimant.