§ 60-1304 — Petition for appointment; specifications; notice; bond; application to nonresidents

Kansas § 60-1304

• Jurisdiction: Kansas
• Ch. 60: PROCEDURE, CIVIL
• Art. 13: RECEIVERS

Text

A receiver shall not be appointed unless: (a) The petition or application for appointment specifies, to the extent known to the petitioner or applicant, the general character and probable value of the property, business or business interest for which the appointment is sought, and, if real property is involved, the estimated annual income therefrom; (b) notice and an opportunity to be heard is given to the interested parties, including any person or persons known to be in possession of all or any part of such property, business or business interest, unless the judge shall, after the introduction of evidence and a record of the proceeding is made, make a finding that immediate and irreparable injury is likely to result, and shall set forth in the order the probable nature of such immediate and irreparable injury. The judge may also require the petitioner or applicant to execute a bond, on such terms as the judge may direct, which bond shall not be a substitute for or in lieu of the bond of the receiver required in K.S.A. 60-1302. This section shall not apply where the defendant is a nonresident or a foreign corporation not authorized to do business in this state.

Legislative History

L. 1963, ch. 303, 60-1304; L. 1967, ch. 326, § 3; April 28.