Kansas Statutes 58-2257. Instruments pertaining to real estate; failure to return to owners; remedies
Terms Used In Kansas Statutes 58-2257
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
(a) If the holder of an instrument pertaining to real estate neglects or refuses to return such instrument within twenty (20) days after the date of the mailing of demand therefor in accordance with Kan. Stat. Ann. §§ 58-2256 and amendments thereto, the owner of the instrument may sue in any court of competent jurisdiction to:
(1) Obtain the instrument;
(2) recover the sum of five hundred dollars ($500) as damages for the wrongful detention of the instrument; or
(3) obtain the instrument and recover damages as provided in paragraph (2) of this subsection.
In any such action, the owner of the instrument may recover all costs, together with a reasonable attorney’s fee for preparing and prosecuting the suit. The owner may also recover any additional damages that the evidence in the case will warrant. In all such actions, writs of attachments may issue as in other cases.
(b) The provisions of this act shall not apply to any instrument upon which an attorney or other person has a statutory lien and has complied with the provisions of the statutes relating thereto.