What is the process for collecting a judgment from an out-of-state party in small claims court?
In Kansas, the process for collecting a judgment from an out-of-state party in small claims court is relatively straightforward. The first step is to file a small claims court action in the state of the defendant’s residence. This will require that either a process server or the sheriff serve the defendant with the appropriate documents. Once the defendant has been served, the court will hold a hearing on the case. The plaintiff must be present at the hearing in order to obtain a judgment. If the plaintiff is successful in obtaining a judgment, the court will issue an order stating the amount that the defendant must pay. If the defendant fails to comply with the court’s order, the plaintiff may apply for a writ of execution, which will direct the sheriff to collect the money from the defendant or their assets. If the defendant resides in another state, the plaintiff will have to contact the court in that state in order to obtain the writ of execution. The court in the defendant’s state will then contact the sheriff in that state and order them to carry out the writ of execution. The sheriff will then collect the money or assets and transfer them to the plaintiff. Once the money or assets have been transferred, the debt is considered satisfied.
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