Kansas Statutes Annotated

K.S.A. § 60-2401 (2026)

Writ of execution

✓ current as of May 2026

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60-2401. Writ of execution. (a) Definitions. A general execution is a direction to an officer to seize any nonexempt property of a judgment debtor and cause it to be sold in satisfaction of the judgment. A special execution or order of sale is a direction to an officer to effect some action with regard to specified property as the court determines necessary in adjudicating the rights of parties to an action. Notwithstanding the provisions of K.S.A. 60-706, and amendments thereto, executions served under this section shall be by personal service and not by certified mail return receipt requested. If personal service cannot be obtained, other forms of service of process are hereby authorized.

(b) By whom issued. At the request of any interested person, executions and orders of sale shall be issued by the clerk and signed by a judge. Such executions and orders shall be directed to the appropriate officers of the counties where such executions and orders are to be levied.

To the extent authorized by K.S.A. 39-7,152, and amendments thereto, the secretary for children and families may issue an order of execution, which shall be directed to the appropriate officer of the county where the execution is to be levied. The secretary shall deliver the execution to the appropriate officer, and a copy of the execution shall be filed with the clerk of the district court where the support order was entered or registered. The execution shall thereafter be treated in all respects as though it had been issued at the request of the secretary by the clerk of court where the support order was entered or registered.

(c) When returnable. The officer to whom any execution or order of sale is directed shall return it to the court from which it is issued within 60 days from the date thereof. If the execution was issued by the secretary for children and families, the return shall be made to the court where the underlying support order was entered or registered.

(d) Manner of levy. Except as provided in subsection (a), a general execution shall be levied upon any real or personal nonexempt property of the judgment debtor in the manner provided for the service and execution of orders of attachment under K.S.A. 60-706 through 60-710, and amendments thereto. Oil and gas leaseholds, for the purposes of this article, shall be treated as real property. Special executions or orders of sale shall be levied and executed as the court determines.

History: L. 1963, ch. 303, 60-2401; L. 1983, ch. 200, § 1; L. 1992, ch. 290, § 2; L. 1997, ch. 182, § 74; L. 2004, ch. 7, § 1; L. 2014, ch. 115, § 235; July 1.

Notes of Decisions

Cited in 18 cases (2 in the last 5 years), 1983–2025 · leading case: Steele v. City of Wichita, 826 P.2d 1380 (Kan. 1992).

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Steele v. City of Wichita, 826 P.2d 1380 (Kan. 1992). · cites it 12× “60-706, K.S.A. 60-2401, and K.S.A. 1991 Supp. 60-303(c)(3) in describing the authority of general-appointment process servers? We hold that K.”

State v. Reno, 918 P.2d 1235 (Kan. 1996). · cites it 3× “For Kansas authority for the intrusion, the State cites K.S.A. 60-2401. It provides, in part: “(a) Definitions.”

State v. Robison, 469 P.3d 83 (Kan. Ct. App. 2020). · cites it 2× “21-6604(b)(2); K.S.A. 2017 Supp. 60-2401. The lack of a jury-trial right in a criminal case is even more anomalous when you realize that the consequences of not paying criminal restitution are more severe than not paying a civil judgment.”

Bohl v. Bohl, 670 P.2d 1344 (Kan. 1983). · cites it 2× “In both instances a writ of execution was issued by the court pursuant to K.S.A. 60-2401. At this juncture Robert Bohl intervened by apprising the sheriff he claimed a homestead exemption in the property.”

Cyr v. Cyr, 815 P.2d 97 (Kan. 1991). “The district court further ruled that Goldie’s accusations in contempt did not constitute executions pursuant to K.S.A. 60-2401 or garnishment or income withholding proceedings pursuant to K.”

Sec. Bank of Kansas City v. Tripwire Operations Grp., 412 P.3d 1030 (Kan. Ct. App. 2018). “K.S.A. 2016 Supp. 60-2401. Similarly, a garnishment requires some legal procedure, a judgment, and an order to be effective.”

City of Arkansas City v. Anderson, 749 P.2d 505 (Kan. Ct. App. 1988). · cites it 2× “” The Cowley County Sheriff then purportedly sold property attached by the Wilson County Sheriff, although the record further reveals the only property “attached” resulted from the Wilson County Sheriff leaving an order with the buyer under the contract for deed, Rick Cunningham.”

Wichita Fed. Sav. & Loan Ass'n v. North Rock Road Ltd. P'ship, 779 P.2d 442 (Kan. Ct. App. 1989). “” No writ of execution pursuant to K.S.A. 60-2401 was issued at the request of Jiminez, whose only action to enforce the judgment was a garnishment issued November 30, 1984.”

In Re Marriage of Welliver, 869 P.2d 653 (Kan. 1994). “er, the broad statement of 60-303 was narrowed by K.S.A. 1993 Supp. 60-2401 and K.S.A. 60-706, which deal with specific forms of process, respectively, writs of execution and orders of attachment.”

Utica Nat'l Bank & Trust Co. v. Marney, 661 P.2d 1246 (Kan. 1983). “60-1001 (actions to recover property), K.S.A. 60-2401 (execution), all provide for situations where oil and gas leases and real estate are treated the same or similarly.”

Nazar v. Thexton (In Re Thexton), 39 B.R. 367 (Bankr. D. Kan. 1984). · cites it 2× “§ 60-1001); (e) for the purpose of satisfaction of judgment (K.S.A. § 60-2401). Second, a lessee’s leasehold interest in an oil and gas lease is treated as a personal property interest and governed by personal property law when: (a) a creditor with no previous interest in the…”

Deutsche Bank Nat'l Trust Co. v. Rooney, 186 P.3d 820 (Kan. Ct. App. 2008). · cites it 2× “The same concept is retained in today’s K.S.A. 60-2401(d), which provides that “a general execution shall be levied upon any real or personal nonexempt property of the judgment debtor.”

Show all 18 citing cases →

— K.S.A. § 60-2401(a) — 5 cases

Steele v. City of Wichita, 826 P.2d 1380 (Kan. 1992). “60-706, K.S.A. 60-2401, and K.S.A. 1991 Supp. 60-303(c)(3) in describing the authority of general-appointment process servers? We hold that K.”

Bohl v. Bohl, 670 P.2d 1344 (Kan. 1983). “In both instances a writ of execution was issued by the court pursuant to K.S.A. 60-2401. At this juncture Robert Bohl intervened by apprising the sheriff he claimed a homestead exemption in the property.”

City of Arkansas City v. Anderson, 749 P.2d 505 (Kan. Ct. App. 1988). “” The Cowley County Sheriff then purportedly sold property attached by the Wilson County Sheriff, although the record further reveals the only property “attached” resulted from the Wilson County Sheriff leaving an order with the buyer under the contract for deed, Rick Cunningham.”

In re Marriage of Holliday (Kan. Ct. App. 2022).

Citizens Bank v. Gaskins (Kan. Ct. App. 2025).

— K.S.A. § 60-2401(b) — 1 case

In re Marriage of Holliday (Kan. Ct. App. 2022).

— K.S.A. § 60-2401(d) — 3 cases

State v. Reno, 918 P.2d 1235 (Kan. 1996). “For Kansas authority for the intrusion, the State cites K.S.A. 60-2401. It provides, in part: “(a) Definitions.”

Deutsche Bank Nat'l Trust Co. v. Rooney, 186 P.3d 820 (Kan. Ct. App. 2008). “The same concept is retained in today’s K.S.A. 60-2401(d), which provides that “a general execution shall be levied upon any real or personal nonexempt property of the judgment debtor.”

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