60-520.
Part payment or acknowledgment of liability.
(a)
Effect.
In any case founded on contract, when any part of the principal or interest shall have been paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same, shall have been made, an action may be brought in such case within the period prescribed for the same, after such payment, acknowledgment or promise; but such acknowledgment or promise must be in writing, signed by the party to be charged thereby.
(b)
Joint debtors.
If there be two or more joint contractors, no one of whom is entitled to act as the agent of the others, no such joint contractor shall lose the benefit of the statute of limitations so as to be chargeable by reason of any acknowledgment, promise or payment made by any other or others of them, unless done with the knowledge and consent of, or satisfied [ratified] by the joint contractor sought to be charged.
History:
L. 1963, ch. 303, 60-520; January 1, 1964.
Notes of Decisions
Waterview Resolution Corp. v. Allen, 58 P.3d 1284 (Kan. 2002).
· cites it 4× “See K.S.A. 60-520. The Federal Bankruptcy Code provides: “[T]he provisions of a confirmed plan bind the debtor, .”
Hustead v. Bendix Corp., 666 P.2d 1175 (Kan. 1983).
· cites it 9× “Those two statutes are K.S.A. 60-520 and K.S.A. 40-275, which will be discussed in the course of the opinion.”
Mem'l Hosp. v. Carrier Corp., 844 F. Supp. 712 (D. Kan. 1994).
· cites it 10× “Memorial’s first argument is that K.S.A. 60-520 tolls K.S.A. 84-2-725. In pertinent part, K.”
Bowen v. Westerhaus, 578 P.2d 1102 (Kan. 1978).
· cites it 2× “) Under the pleadings, depositions and letters on file, taken in the light most favorable to the plaintiffs, we hold it was error for the trial court to conclude as a matter of law there was no genuine issue as to any material fact and enter judgment on the pleadings,…”
O'MALLEY v. Frazier, 49 P.3d 438 (Kan. 2002).
· cites it 55× “1935, 60-312, the predecessor of K.S.A. 60-520[a]). The statute provides no means for reviving one part of the debt and not another.”
Boedicker v. Midland Credit Mgmt., Inc., 227 F. Supp. 3d 1235 (D. Kan. 2016).
· cites it 2× “K.S.A. § 60-520. The FDCPA prohibits the use of “any false, deceptive or misleading representations or means in connection with the collection of any debt,” 15 U.”
Fed. Deposit Ins. Corp. v. Galloway, 613 F. Supp. 1392 (D. Kan. 1985).
“However, “[i]n any case founded on contract, when any part of the principal or interest shall have been paid, .”
Dallas v. Dallas, 689 P.2d 1184 (Kan. 1984).
“The statute of limitations however, is not at issue here; rather, the dormant judgment statute, K.S.A. 60-2403, is controlling. It provides: “If execution, including any garnishment proceeding and any proceeding in aid of execution, shall not be sued out within five (5) years…”
Daniels Trucking, Inc. v. Rogers, 643 P.2d 1108 (Kan. Ct. App. 1982).
· cites it 2× “56-336(o), K.S.A. 60-520(¿) is in point: “If there be two or more joint contractors, no one of whom is entitled to act as the agent of the others, no such joint contractor shall lose the benefit of the statute of limitations so as to be chargeable by reason of any…”
Turner & Boisseau, Chtd. v. Lowrance, 852 P.2d 517 (Kan. Ct. App. 1993).
“” The court then stated that K.S.A. 60-520 “provides the [s]tatute of [ljimitations begins to run from the date of the last payment.”
O'Malley v. Frazier, 34 P.3d 478 (Kan. Ct. App. 2001).
· cites it 6× “1935, 60-312, the predecessor of K.S.A. 60-520[a]). The statute provides no means for reviving one part of the debt and not another.”
— K.S.A. § 60-520(a) — 6 cases
Waterview Resolution Corp. v. Allen, 58 P.3d 1284 (Kan. 2002).
“See K.S.A. 60-520. The Federal Bankruptcy Code provides: “[T]he provisions of a confirmed plan bind the debtor, .”
O'MALLEY v. Frazier, 49 P.3d 438 (Kan. 2002).
“1935, 60-312, the predecessor of K.S.A. 60-520[a]). The statute provides no means for reviving one part of the debt and not another.”
Hustead v. Bendix Corp., 666 P.2d 1175 (Kan. 1983).
“Those two statutes are K.S.A. 60-520 and K.S.A. 40-275, which will be discussed in the course of the opinion.”
Fed. Deposit Ins. Corp. v. Galloway, 613 F. Supp. 1392 (D. Kan. 1985).
“However, “[i]n any case founded on contract, when any part of the principal or interest shall have been paid, .”
O'Malley v. Frazier, 34 P.3d 478 (Kan. Ct. App. 2001).
“1935, 60-312, the predecessor of K.S.A. 60-520[a]). The statute provides no means for reviving one part of the debt and not another.”
— K.S.A. § 60-520(b) — 1 case
Daniels Trucking, Inc. v. Rogers, 643 P.2d 1108 (Kan. Ct. App. 1982).
“56-336(o), K.S.A. 60-520(¿) is in point: “If there be two or more joint contractors, no one of whom is entitled to act as the agent of the others, no such joint contractor shall lose the benefit of the statute of limitations so as to be chargeable by reason of any…”
— K.S.A. § 60-520(o) — 1 case
Bowen v. Westerhaus, 578 P.2d 1102 (Kan. 1978).
“) Under the pleadings, depositions and letters on file, taken in the light most favorable to the plaintiffs, we hold it was error for the trial court to conclude as a matter of law there was no genuine issue as to any material fact and enter judgment on the pleadings,…”
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