Kansas Motion to Release Property from Levy upon Filing Bond

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Multi-State
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US-03319BG
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Description

A motion to release property is a pleading asking a judge to issue a ruling that will result in the release of property or a person from custody. When property is held in custody, a motion to release must be filed in order to get it back. There are a number of situations where this may become necessary. These can include cases where property is confiscated and the cause of the confiscation is later deemed spurious, as well as situations where people deposit money with a court as surety in a case or in response to a court order. For example, someone brought to small claims court and sued for back rent might write a check to the court for the amount owed, and the landlord would need to file a motion to release for the court to give him the money.

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FAQ

(C) a party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time.

§ 22-3215. Section 22-3215 - Motion to suppress confession or admission (1) Prior to the preliminary examination or trial a defendant may move to suppress as evidence any confession or admission given by him on the ground that it is not admissible as evidence.

If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.

22-2807. Forfeiture of appearance bonds; warrant for arrest; forfeiture set aside. (a) If a defendant fails to appear as directed by the court and guaranteed by an appearance bond, the court in which the bond is deposited shall declare a forfeiture of the bail and issue a warrant for the defendant's arrest.

(c) If the defendant asserts a counterclaim against the plaintiff in the answer, the plaintiff may file a reply disputing the defendant's counterclaim not later than 14 days after service of the defendant's answer. The plaintiff's reply shall comply with the requirements set forth in subsection (b).

Except as otherwise provided by statute or these rules, the response must be filed no later than 7 days after service of the motion or as otherwise provided by the court. (c) Oral Argument. The following rules govern oral argument and rulings on motions.

Per chapter 61, Limited Action cases in Kansas are civil cases where the dollar amount does not exceed $25,000.00, unless it is an unsecured debt, in which case it can be any amount.

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Kansas Motion to Release Property from Levy upon Filing Bond