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Rule 186
Post-Trial Matters

Satisfaction of Money Judgment

In all cases where there has been a money judgment entered with interest accruing as set forth in the judgment or pursuant to K.S.A. 16-204, a final settlement amount to satisfy the judgment to a particular date may be obtained as follows:

(a) A written proffer of a payoff figure of principal and interest to satisfy the judgment shall be filed with the clerk of the district court of original jurisdiction specifying a date of payment. A written payoff proffer shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council.

(b) The person proffering the payoff figure shall compute the amount of principal,interest, and court costs to the date requested to satisfy the judgment, together with interest per day thereafter until paid, and attach it to the request in (a) above. The amount of court costs shall be included in the calculation regardless of whether the plaintiff or judgment creditor was required to pay court costs, including the docket fee, at the time of filing of the case.

(c) The proffering party shall serve by first class mail on all counsel and parties of record involved in the case copies of the proffer and computation of principal and interest and costs. Proof of service shall be filed with the clerk of the district court within fourteen (14) days of mailing the notices.

(d) All counsel and parties served shall within fourteen (14) days of service or any extension thereof by the court respond in writing if they have any objections to the computations, stating that party’s computation of the principal, interest, per diem and costs. The judgment debtor may pay to the judgment creditor, filing a notice with the court to this effect, the amount of principal, interest, and costs which the judgment debtor believes to be due and owing, together with the statement provided in this subsection. If the judgment debtor is correct, no additional interest shall be charged to the judgment debtor.

(e) If there are no objections at the expiration of the time for serving objections, the clerk of the district court shall certify the original as the amount of principal and interest to satisfy the judgment. If counsel or parties cannot agree as to the amount needed to satisfy the judgment, then the judge shall settle the amount due to satisfy judgment.

(f) Upon payment to the judgment creditor of the amount ordered to satisfy the judgment, including any court costs, the judgment creditor shall file a notice with the clerk that court costs, including the docket fee, and the judgment have been satisfied and shall tender payment of the amount of any court costs paid to the judgment creditor with such notice if the judgment creditor had not previously made an advance cost deposit at the time of filing of the case. Upon receipt of the notice and cost payment, if required to be made under this rule, from the judgment creditor that the judgment has been satisfied, the clerk of the district court shall show the judgment satisfied in the case.

[History: New rule effective April 26, 2000; Am. effective September 8, 2006;Am. (b) and (d) effective March 5, 2008.]