Kansas Statutes 60-4110. Recognition of exemption
Terms Used In Kansas Statutes 60-4110
- 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
- Recognition of exemption: means a written statement by the plaintiff's attorney stipulating to an interest in property exempt from forfeiture. 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
- Statement of nonexempt interests: means a written statement by the plaintiff's attorney refusing to recognize that a particular interest or interests in property are exempt from forfeiture. See Kansas Statutes 60-4102
(a) The plaintiff‘s attorney shall make an opportunity to file a petition for recognition of exemption available in the following manner:
(1) The plaintiff’s attorney shall acknowledge the opportunity to file a petition for recognition of exemption in the notice of pending forfeiture described in Kan. Stat. Ann. § 60-4109(a), and amendments thereto.
(2) An owner of or an interest holder in the property may elect to file a claim within 60 days after the effective date of the notice of pending forfeiture or a petition for recognition of exemption with the plaintiff’s attorney within 60 days after the effective date of the notice, but no petition may be filed after a court action has been commenced by the seizing agency. The claim or petition shall substantially comply with the requirements for claims in Kan. Stat. Ann. § 60-4111, and amendments thereto. The effective date of a notice of pending forfeiture shall be as provided for in Kan. Stat. Ann. § 60-4109, and amendments thereto.
(b) The following shall apply if one or more owners or interest holders timely petition for recognition of exemption:
(1) The plaintiff’s attorney shall provide the seizing agency and the petitioning party with a written recognition of exemption and statement of nonexempt interests relating to any or all interests in the property in response to each petitioning party within 90 days after the effective date of the notice of pending forfeiture.
(2) An owner of or interest holder in any property declared nonexempt may file a claim as described in Kan. Stat. Ann. § 60-4111, and amendments thereto, within 60 days after the effective date of the notice of the recognition of exemption and statement of nonexempt interests.
(3) The plaintiff’s attorney may elect to proceed as provided herein for judicial forfeiture at any time.
(4) If no petitioning party files a proper claim within 60 days after the effective date of notice of the recognition of exemption and statement of nonexempt interests, the recognition of exemption and statement of nonexempt interests becomes final, and the plaintiff’s attorney shall proceed as provided in Kan. Stat. Ann. §§ 60-4116 and 60-4117, and amendments thereto.
(5) If a judicial proceeding follows a notice of pending forfeiture making an opportunity to file a petition for recognition of exemption available:
(A) No duplicate or repetitive notice is required. If a proper claim has been timely filed pursuant to subsection (b)(2), the claim shall be determined in a judicial forfeiture proceeding after the commencement of such a proceeding under Kan. Stat. Ann. §§ 60-4113, 60-4114 and 60-4115, and amendments thereto.
(B) The proposed recognition of exemption and statement of nonexempt interests responsive to all petitioning parties who subsequently filed claims are void and will be regarded as rejected offers to compromise.
(c) If no proper petition for recognition of exemption or proper claim is timely filed, the plaintiff’s attorney shall proceed as provided in Kan. Stat. Ann. §§ 60-4116 and 60-4117, and amendments thereto.