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Tina
Tina, Lawyer
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What is the Kansas Statute of limitations for personal property? I

Customer Question

What is the Kansas Statute of limitations for personal property?

I owned a home recording studio from 1999-2002. An acquaitance left some equipment in my studio from 2002 to 2008 at which time i went through a divorse from 2007-2008 which forced us to sell the home and all its contents including all equipment as settlement in divorce. My acquaintace had disappeared with no forwarding address or phone number and I did not hear from him until about a year ago, of which I told him I know longer had posession of any of the equipment including my own posessions. I explained that I had no way of contacting him, I had not heard from him for over 8 or 9 years. He called me yesterday to tell me he was going to go to the Kansas court house and sue me for his equipment. what is the statute of limitations in Kansas and does he have a case?
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.

Hello and welcome.

I am sorry to hear of your difficult situation.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

Expert:  Tina replied 1 year ago.

Hello again, Doug.

Pursuant to K.S.A. 60-513(a)(2), an owner of personal property would typically have up to two years to pursue a lawsuit for conversion of the property, or sue for the return of the property.

Here is a link to the applicable statute:

http://kansasstatutes.lesterama.org/Chapter_60/Article_5/60-513.html

If you are served with a summons in the suit, you must file an answer typically and raise the statute of limitations as a defense in the case. On a motion to dismiss, the case should be dismissed by the court since the statute of limitations for filing the suit has lapsed.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.

So in laymens (sp?) terms he has no case as long as I state the kansas statute of limitations of expiration? And you are saying that if he left his posessions for over 2 years without any contact...then how do I end that sentence?


 


Just making sure I understand.


 


just want to make sure I have my ducks in a row....

Customer: replied 1 year ago.
Relist: Other.
needed more information and she was helping someone else
Expert:  Tina replied 1 year ago.
Hello again,

I was just working on your follow-up answer. Here it is:

You will need to see what he alleges in his complaint before asserting a specific SOL, but if it is not for breach of contract but for conversion or replevin, you would typically assert this SOL as a defense, yes.

You would simply deny the allegations contained in his complaint and then assert the SOL as an affirmative defense, indicating that since he abandoned his personal property in 2002, the SOL has run and his complaint is therefore time-barred and should be dismissed.

Here is a link to a document which provides sample language for an Answer:

http://www.kansaslegalservices.org/files/Sample%20answer.doc
Tina, Lawyer
Category: Legal
Satisfied Customers: 32620
Experience: JD, BBA Over 25 years legal and business experience.
Tina and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I'm sorry so just to be specific before I log off. Is the statute of limitations 2 years in Kansas?

Expert:  Tina replied 1 year ago.

For conversion and replevin (seeking damages for disposing of personal property or seeking the return of personal property) the SOL is two years, correct.

Customer: replied 1 year ago.

Thats what I needed to know. He is a little spooky. He has known to dissapear for years on end and then stalk people. He was suggested to make medication in the past when I knew hem 8 or 9 years ago. He left message that he was going to try and find me. But as long as I got your legal advise I feel comfortable. I really had no way of contacting this guy for 8 years until he call me a year ago about all of this. If he cared so much about his equipment, you would have thought he would have kept in touch.


Thanks

Expert:  Tina replied 1 year ago.
Absolutely and a court would typically agree, if he cared about his equipment that much he would not have abandoned it for so many years.

Good luck to you and take care!

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Tina
Tina
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JD, BBA Over 25 years legal and business experience.