60-2404.
Revivor of dormant judgment.
A dormant judgment may be revived and have the same force and effect as if it had not become dormant if the holder thereof files a motion for revivor and files a request for the immediate issuance of an execution thereon if such motion is granted. Notice of the filing of the motion shall be given as for a summons under article 3 of this chapter. If the motion for revivor was filed within two years after the date on which the judgment became dormant or, in the case of a child support judgment, was filed during the period prior to the child's emancipation, within two years after the child's emancipation or within two years after the judgment became dormant, whichever is later, on the hearing thereof the court shall enter an order of revivor unless good cause to the contrary be shown, and thereupon the execution shall issue forthwith. On the hearing of a motion to revive a child support judgment, the court may enter an order to prevent the unjust enrichment of any party or to ensure that payments will be disbursed to the real party in interest. A judgment may also be revived by the filing of a written stipulation of revivor signed by all of the parties affected thereby. For the purpose of this section, a support enforcement proceeding, as defined by K.S.A. 60-2403 and amendments thereto, or any attachment or garnishment process shall have the same effect as the issuance of an execution.
History:
L. 1963, ch. 303, 60-2404; L. 1988, ch. 218, § 3; L. 1990, ch. 208, § 1; L. 1992, ch. 103, § 2; July 1.
Notes of Decisions
Associated Wholesale Grocers, Inc. v. Americold Corp., 270 P.3d 1074 (Kan. 2011).
· cites it 9× “By journal entry filed January 19, 2006, the district court overruled the motion, finding that enforcement of the consent judgments had been stayed or prohibited within the meaning of K.”
In re Marriage of Doud & Modrcin, 480 P.3d 800 (Kan. Ct. App. 2020).
· cites it 4× “60-2403 and K.S.A. 60-2404. If not, a court must release the judgment, rendering it absolutely extinguished and unenforceable.”
James v. Strange, 407 U.S. 128 (1972).
· cites it 2× “-IKan. Stat. Ann. §60-2404 (1964). 6 There is also a federal reimbursement provision, 18 U.”
Long v. Brooks, 636 P.2d 242 (Kan. Ct. App. 1981).
· cites it 4× “60-2403, judgments grow dormant in five years, if not enforced by execution, garnishment or proceeding in aid of execution; and, if not revived, as provided in K.S.A. 60-2404, such dormant judgments become absolutely extinguished and unenforceable two years thereafter.”
Gardner v. Gardner, 916 P.2d 43 (Kan. Ct. App. 1996).
· cites it 4× “On October 25, 1994, SRS filed a second motion for revivor of all judgments from July 1, 1981, through September 30, 1994. The district court granted the motion for revivor for all judgments from July 1, 1981, through September 30, 1994, applying K.”
Cyr v. Cyr, 815 P.2d 97 (Kan. 1991).
· cites it 2× “K.S.A. 1990 Supp. 60-2404. Once a judgment grows dormant, however, and is not revived pursuant to K.”
State v. Douglas, 279 P.3d 133 (Kan. Ct. App. 2012).
· cites it 2× “60-2403, judgments grow dormant in five years, if not enforced by execution, garnishment or proceeding in aid of execution; and, if not revived, as provided in K.S.A. 60-2404, such dormant judg *741 ments become absolutely extinguished and unenforceable two years thereafter.”
Johnson Bros. Wholesale Liquor Co. v. Clemmons, 661 P.2d 1242 (Kan. 1983).
· cites it 2× “Plaintiff failed to revive that judgment within two years after the date the judgment became dormant as required by K.S.A. 60-2404. On September 24, 1973, plaintiff received payment of the sum of $12,902.”
Hale v. Hale, 108 P.3d 1012 (Kan. Ct. App. 2005).
· cites it 2× “60-2403 and K.S.A. 60-2404. These, however, are general statutes which are subservient to specific statutes.”
In Re the Marriage of Larimore, 362 P.3d 843 (Kan. Ct. App. 2015).
· cites it 2× “] 60-2403, judgments grow dormant in five years, if not enforced by execution, garnishment or *40 proceeding in aid of execution; and, if not revived, as provided in K.S.A. 60-2404, such dormant judgments become absolutely extinguished and unenforceable two years thereafter.”
State v. Morrison, 14 P.3d 1189 (Kan. Ct. App. 2000).
· cites it 4× “60-2403, judgments grow dormant in five years, if not enforced by execution, garnishment or proceeding in aid of execution; and, if not revived, as provided in K.S.A. 60-2404, such dormant judgments become absolutely extinguished and unenforceable two years thereafter.”
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