Kansas Statutes Annotated

K.S.A. § 7-109 (2026)

Same; amount of lien

✓ current as of May 2026

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7-109. Same; amount of lien. Where any judgment has or may be collected or paid to the clerk of any court rendering the same, on execution or otherwise, upon which an attorney's lien is claimed, the court in which such judgment was or is rendered may in term-time, or the judge of said court at chambers, without formal pleadings, on application of any party interested, determine the amount due on said attorney's lien, if any, and make an order for the distribution of said moneys according to the respective rights of the parties. Upon receipt of such order, the clerk shall make such distribution. Notice of such application and the time and place of such hearing shall be served on the opposite party at least five days prior to the time named in the notice for the hearing.

History: G.S. 1868, ch. 11, § 9; L. 1903, ch. 65, § 1; February 28; R.S. 1923, § 7-109.

Notes of Decisions

Cited in 2 cases, 2001–2017 · leading case: In re the Marriage of Comley, 32 P.3d 1128 (Kan. 2001).

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In re the Marriage of Comley, 32 P.3d 1128 (Kan. 2001). · cites it 2× “Further, TW&G characterized K.S.A. 7-109 as not distinguishing between sources of the monies coming to the clerk of the court.”

Consolver v. Hotze (Kan. 2017). “" Consolver then filed an application with the district court to determine the amount due, if any, on the attorney lien pursuant to K.S.A. 7-109. Consolver argued that Pistotnik was not entitled to the contingency fee recovery because the case had not been settled and Pistotnik…”

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