© Bruce C. Ward August 2000
Effective July 1, 1999, landlords can sue for possession only and bring a later suit for all rent and damages due. Under prior law, if the claim for rent was not brought at the same time of the eviction, it was thought that the claim for rent was waived and could not be brought later. This makes it easier for attorneys handling evictions to comply with Fair Debt Collection Practices Act. These changes will be carried over to the new Chapter
61 law which takes effect on January 1, 2001.
Kansas law now allows the recovery of attorney fees from a consumer if there is a provision allowing this in a written agreement between the creditor and debtor. There are some restrictions. If you have questions, consult your attorney If you forward a claim to our office for handling and you have an agreement allowing recovery of attorney fees, please send a legible copy of the entire agreement with the other claim documents. |