60-1009. Same; application of proceeds.
60-1009
60-1009. Same; application of proceeds.Upon the sale of personal property by the sheriff under this act, theclerk of the court shall apply the proceeds of sale in the followingpriority: (a) To the court costs of the action including the sheriff'sexpenses and cost of publication;
(b) in accordance with the provisions of K.S.A. 60-2406;
(c) in satisfaction of all judgments rendered in the action against thedefendant or the property in accordance with the priority determined by thecourt;
(d) any surplus shall be paid to the debtor-defendant, except that ifany other security interest holder has, subsequent to the entering of thejudgment of foreclosure, filed with the clerk of the court a writtennotification of demand furnishing reasonable proof of his or her interest, theclerk shall withhold any payment to the debtor-defendant. Such securityinterest holder must serve the debtor-defendant with notice of his or her demandwithin ten (10) days after such filing and furnish proof of such notice tothe court.
If the debtor-defendant does not notify the clerk in writing within ten(10) days that he or she takes exception to the demand of said security interestholder, the clerk shall apply said surplus to the said demand and pay anybalance to the debtor-defendant.
If the debtor-defendant does notify the clerk in writing within ten (10)days that he or she takes exception to said demand, the clerk shall withhold allsurplus in his or her hands for a period of thirty (30) days. If said securityinterest holder has not commenced a separate action to recover his or her claimand garnished the clerk within said time, the clerk shall pay said surplusto the debtor-defendant.
History: L. 1973, ch. 236, § 4; July 1.