Kansas Statutes 60-4115. Substituted assets and supplemental remedies
Terms Used In Kansas Statutes 60-4115
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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
- Person: includes any individual or entity capable of holding a legal or beneficial 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) The court shall order the forfeiture of any other property of an owner or in personam defendant, up to the value of that owner’s or defendant’s property found by the court to be subject to forfeiture under this act, if any of the owner’s or defendant’s forfeitable property:
(1) Cannot be located;
(2) has been transferred or conveyed to, sold to, or deposited with a third party;
(3) is beyond the jurisdiction of the court;
(4) has been substantially diminished in value while not in the actual physical custody of the court, the seizing agency, the plaintiff‘s attorney, or their designee;
(5) has been commingled with other property that cannot be divided without difficulty;
(6) is subject to any interest of another person which interest is exempt from forfeiture under this act; or
(7) is exempt from forfeiture due to a constitutional or statutory provision.
(b) In addition to any other remedy provided for by law, if a forfeiture lien or notice of pending forfeiture has been filed and notice given pursuant to Kan. Stat. Ann. § 60-4109, or if a complaint alleging conduct giving rise to forfeiture has been filed and notice given pursuant to such Kan. Stat. Ann. §§ 60-4109 or other applicable rule of civil procedure, the plaintiff’s attorney may institute an action in the district court against any person with notice or actual knowledge who destroys, conveys, alienates, encumbers, further encumbers, disposes of, purchases, receives, removes from the jurisdiction of the court, conceals, or otherwise renders unavailable for forfeiture property alleged to be subject to forfeiture in the forfeiture lien, notice of pending forfeiture, or complaint. In such case, the court shall enter a final judgment in an amount equal to the value of the lien not to exceed the fair market value of the property, or, if the property is alleged to be subject to forfeiture, in an amount equal to the fair market value of the property, together with reasonable investigative expenses and attorney fees. If a civil proceeding under this act is pending in court, the action shall be heard by such court.