Collection of Court Debt or Restitution

(a) Applicability. This rule applies only to a contracting agent that has entered into a contract with the judicial administrator under K.S.A. 20-169 and Rule 1.03 to collect debts owed to courts or restitution owed under an order of restitution. (b) Appearance Not Required. Except as provided below, a contracting agent must not require a person to appear at a regularly scheduled court docket to prove that the person is continuing to pay a court debt or restitution. (c) Motion. A contracting agent may file a motion with a court to require a person to regularly appear before the court. The contracting agent must include the following requirements in the motion: (1) the contracting agent’s certification that the requested appearances are not to harass the person; and (2) well-pleaded facts demonstrating that regular appearances before the court are necessary for the contracting agent to collect a court debt or restitution. (d) Ex Parte Determination. The court will make an ex parte determination of the motion. The court will deny a motion that does not meet the requirements of subsection (c). The court must set a hearing and order the person to appear before the court if it determines that the contracting agent has met the requirements of subsection (c). (e) Hearing; Order. The court must determine at the hearing whether to require the person to regularly appear before the court. The court must issue a written order on the motion stating the reason for the court’s ruling. If the court grants the motion, the court must state in the written order how often the person must appear before the court. The court must not require the person to appear more than once per month. (f) Other Procedure. This rule does not prohibit a contracting agent’s ability to use any other appropriate procedure to collect a court debt or restitution, such as garnishment, a proceeding in aid of execution under K.S.A. 60-2419, or a hearing in aid of execution under K.S.A. 61-3604 et seq. Comment This rule only applies to debt collection vendors who are contracted with the judicial administrator under K.S.A. 20-169 to collect court debt and restitution. It does not apply to any other type of debt collector or debt, such as a debt collector attempting to collect medical or municipal debt. If the contracting agent is a court trustee, then this rule applies to the court trustee only with respect to the court trustee’s collection of court debt and restitution. This rule does not apply to a court trustee’s collection or enforcement of support under K.S.A. 20-378(a) and 20-379. [ History : New rule adopted effective November 24, 2025.]