Kansas Debt Adjustment Agreement with Creditor

State:
Multi-State
Control #:
US-1106BG
Format:
Word; 
Rich Text
Instant download

Description

Boundary line disputes involving real estate are common. They generally arise as a result of some or all of the following four factors: (1) Formerly unsurveyed property owned by amicable neighbors passes into the hands of an outsider who orders a survey and discovers the boundary lines are in a different place than previously thought; (2) Formerly amicable neighbors who did not care about a 10- or 20- foot discrepancy in boundary lines suddenly care when oil or gas is discovered under the land, or the property becomes so valuable that it is being sold by the square foot rather than by the acre; (3) Advances in surveying technology would have placed a property corner in a different location than the original survey or placed it, and when this is discovered, the neighbors go to court; or (4) Someone mistakenly builds a house or other improvement with a portion located on the neighbor's land and the parties resort to the court system to resolve their differences. Consequently, there are very specific rules for resolving boundary line disputes: (1) Advances in technology make no difference because the property corners are where the original surveyor placed them according to his or her own state-of-the-art technology for the time, not the absolutely accurate location according to today's technology; (2) If there are mistakes in the description, courts follow a hierarchy of things to consider and things to ignore if there is a conflict among descriptions within a deed; and (3) If someone innocently builds an improvement that encroaches on another's land, most courts will figure out a way to either give the property to the encroacher or will order the person to sell a minimal amount of land to the encroacher.

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FAQ

The Setoff Program is governed by K.S.A. 75-6201 et seq. and began in early 1981 following legislation that allowed the Department of Administration to set off monies the State of Kansas owes vendors and individuals against debts those entities owe to the State of Kansas.

A judgement will stay on your credit file for 6 years and might make it harder for you to get credit. You can find out more about what to do if you're being taken to court for debt.

Lenders typically agree to a debt settlement of between 30% and 80%. Several factors may influence this amount, such as the debt holder's financial situation and available cash on hand.

Offer a specific dollar amount that is roughly 30% of your outstanding account balance. The lender will probably counter with a higher percentage or dollar amount. If anything above 50% is suggested, consider trying to settle with a different creditor or simply put the money in savings to help pay future monthly bills.

Statutes of Limitation Kansas domestic judgments become dormant after a period of three years (K.S.A. § 60-2403) and may be revived up to a period of two years from becoming dormant (K.S.A. A§ 60-2404).

Once you've done your research and put aside some cash, it's time to determine what your settlement offer will be. Typically, a creditor will agree to accept 40% to 50% of the debt you owe, although it could be as much as 80%, depending on whether you're dealing with a debt collector or the original creditor.

In Kansas, K.S.A. § 60-512 states that actions on contract shall be maintained within 3 years. The same qualifications and limitations as stated for Missouri, apply to Kansas. Kansas domestic judgments become dormant after a period of three years (K.S.A.

Typical debt settlement offers range from 10% to 50% of what you owe. The longer you allow debt to go unpaid, the greater your risk of being sued. Creditors are under no obligation to reduce your debt, even if you are working with a reputable debt settlement company.

In addition to the SOL on lawsuits, Kansas puts a five-year limit on enforcement actions after a court issues a judgment. The legal term the state applies to an expired judgment is "dormant," and creditors may apply for a renewal of a dormant judgment within 10 years of the judgment's original issue date.

A judgment remains on your credit record for 5 years or until it is paid in full or a rescission is granted by the courts. Although not always the case, in general a consumer is listed as defaulting before a credit provider applies for a judgment.

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Kansas Debt Adjustment Agreement with Creditor