Hearing in Aid of Execution in Kansas: How to Find a Debtor's Assets

Why You Need This Before Filing Garnishments

You won your small claims case, but the debtor hasn't paid and you don't know where they bank or work. Filing a garnishment at a random bank wastes your $12.50 surcharge and $15 service fee if the debtor doesn't have an account there.

Kansas law solves this with the hearing in aid of execution under K.S.A. 61-3601 et seq. It's a court-ordered examination where the debtor must either contact the creditor before the hearing with sworn information or appear and answer questions about finances as the order directs. It's the most powerful asset discovery tool available to small claims creditors in Kansas — and it's the step most people skip.

For an unpaid small-claims judgment, K.S.A. 61-2707 separately requires the creditor to mail the judgment and asset-information form within 14 days after entry and file proof of mailing. The debtor has 30 days after receiving the form to submit a verified statement to the clerk, who forwards it to the creditor.

How to Request the Hearing

The process uses standardized Kansas Judicial Council forms:

1. File a Request for Order to Appear for Hearing in Aid of Execution with the district court clerk after 14 days have passed since judgment
2. Pay the $12.50 Judicial Branch Surcharge and $15 sheriff service fee
3. The court issues an Order for Hearing in Aid of Execution requiring the debtor either to contact you before the hearing with sworn information or to appear and provide it as directed
4. Along with the order, serve a Statement of Assets form for the debtor to complete and provide as the order directs

Service must be through county sheriff personal service, certified mail, or an authorized process server. Give yourself at least 7–14 days before the hearing date, depending on your judicial district's local rules. If the debtor lives in another county or outside Kansas, the court may order an appearance only if it finds that appearing will not cause undue hardship.

What You Can Ask

The hearing is held before a judge or court officer. The debtor is placed under oath and you can examine them about:

• Current employer, pay rate, and pay schedule
• Bank account numbers and institutions
• Real estate owned in any county
• Vehicle titles and registrations
• Business ownership and accounts receivable
• Other sources of income

You can also issue a subpoena duces tecum requiring the debtor to bring specific documents: recent pay stubs, tax returns, bank statements, and vehicle titles.

This is where you build your enforcement strategy. The answers tell you which tool to use — wage garnishment if they're employed, bank garnishment if you identify an account, or a writ of execution if they own non-exempt personal property.

What Happens If the Debtor Doesn't Show

If a properly served debtor fails to comply with the order, the court doesn't issue a default money judgment or automatic seizure. Instead, you can file a motion asking the court to issue a citation for contempt or a bench warrant.

The bench warrant is for failing to obey a court order to appear — not for the debt itself. Kansas abolished imprisonment for debt under Section 16 of the Kansas Constitution Bill of Rights. Law enforcement brings the debtor before the court to compel the asset disclosure, not as a collection tactic.

This enforcement mechanism gives the hearing real teeth. If a debtor ignores the order, the court may issue a contempt citation or bench warrant.

Public Records You Can Search First

Before the hearing, do your own homework using public records:

• County Register of Deeds for real property records
• Kansas Secretary of State UCC filings for personal property liens
• County treasurer records for vehicle registrations

This background research helps you ask targeted questions at the hearing rather than fishing blind. Don't cross legal lines though — impersonating the debtor to get bank records, pulling credit reports without a permissible purpose, or pretexting employers violates state privacy laws and federal credit mandates.

Scheduling Follow-Up Hearings

One hearing might not be enough. If the debtor's financial situation changes — they get a new job, open a new account, or acquire property — you can request another hearing in aid. Each request carries the $12.50 surcharge.

A proceeding in aid of execution is a qualifying event under K.S.A. 60-2403. Track when it occurs so the judgment does not become dormant.

Our Kansas Judgment Collection Guide includes a debtor exam preparation worksheet with the key questions to ask and a checklist of documents to subpoena.

See more Kansas guides →