What statute of limitation applies to a debtor suing for title after defaulting on contract ?
Full Question:
Answer:
The following are Kansas statutes:
60-507. Unspecified real property actions.
No action shall be maintained for the recovery of real property or for
the determination of any adverse claim or interest therein, not provided
for in this article, after fifteen (15) years from the time the cause of
action accrued.
60-510. Effect of limitations prescribed.
Civil actions, other than for the recovery of real property, can only be
commenced within the period prescribed in the following sections of this
article, after the cause of action shall have accrued.
60-511. Actions limited to five years.
The following actions shall be brought within five (5) years:
(1) An
action upon any agreement, contract or promise in writing.
(2) An action brought on any covenant of seizin contained in any deed of
conveyance of land.
(3) An action brought on a covenant of warranty contained in any deed of
conveyance of land, after there shall have been a final decision against
the title of the covenantor in such deed.
(4) An action upon the official bond or undertaking of an executor,
administrator, conservator, sheriff, or any other officer, or upon the bond
or undertaking given in attachment, injunction, arrest, or in any case
required by statute.
(5) An action for relief, other than the recovery of real property not
provided for in this article.
60-512. Actions limited to three years.
The following actions shall be brought within three (3) years: (1) All
actions upon contracts, obligations or liabilities expressed or implied but
not in writing. (2) An action upon a liability created by a statute other
than a penalty or forfeiture.
60-513. Actions limited to two years.
(a) The following actions shall be brought within two years:
(1) An action for trespass upon real property.
(2) An action for taking, detaining or injuring personal property,
including actions for the specific recovery thereof.
(3) An action for relief on the ground of fraud, but the cause of action
shall not be deemed to have accrued until the fraud is discovered.
(4) An action for injury to the rights of another, not arising on
contract, and not herein enumerated.
(5) An action for wrongful death.
(6) An action to recover for an ionizing radiation injury as provided in
K.S.A. 60-513a, 60-513b and 60-513c, and amendments thereto.
(7) An action arising out of the rendering of or failure to render
professional services by a health care provider, not arising on contract.
(b) Except as provided in subsections (c) and (d), the causes of action
listed in subsection (a) shall not be deemed to have accrued until the act
giving rise to the cause of action first causes substantial injury, or, if
the fact of injury is not reasonably ascertainable until some time after
the initial act, then the period of limitation shall not commence until the
fact of injury becomes reasonably ascertainable to the injured party, but
in no event shall an action be commenced more than 10 years beyond the time
of the act giving rise to the cause of action.
(c) A cause of action arising out of the rendering of or the failure to
render professional services by a health care provider shall be deemed to
have accrued at the time of the occurrence of the act giving rise to the
cause of action, unless the fact of injury is not reasonably ascertainable
until some time after the initial act, then the period of limitation shall
not commence until the fact of injury becomes reasonably ascertainable to
the injured party, but in no event shall such an action be commenced more
than four years beyond the time of the act giving rise to the cause of
action.
(d) A negligence cause of action by a corporation or association against
an officer or director of the corporation or association shall not be
deemed to have accrued until the act giving rise to the cause of action
first causes substantial injury, or, if the fact of injury is not
reasonably ascertainable until some time after the initial act, then the
period of limitation shall not commence until the fact of injury becomes
reasonably ascertainable to the injured party, but in no event shall such
an action be commenced more than five years beyond the time of the act
giving rise to the cause of action. All other causes of action by a
corporation or association against an officer or director of the
corporation or association shall not be deemed to have accrued until the
act giving rise to the cause of action first causes substantial injury and
there exists a disinterested majority of nonculpable directors of the
corporation or association, or, if the fact of injury is not reasonably
ascertainable until some time after the initial act, then the period of
limitation shall not commence until the fact of injury becomes reasonably
ascertainable and there exists a disinterested majority of nonculpable
directors of the corporation or association, but in no event shall such an
action be commenced more than 10 years beyond the time of the act giving
rise to the cause of action. For purposes of this subsection, the term
"negligence cause of action" shall not include a cause of action seeking
monetary damages for any breach of the officer's or director's duty of
loyalty to the corporation or association, for acts or omissions not in
good faith or which involve intentional misconduct or a knowing violation
of law, for liability under K.S.A. 17-5812, 17-6410, 17-6423, 17-6424 or
17-6603 and amendments thereto, or for any transaction from which the
officer or director derived an improper personal benefit.
(e) The provisions of this section as it was constituted prior to July 1,
1996, shall continue in force and effect for a period of two years from
that date with respect to any act giving rise to a cause of action
occurring prior to that date.
60-518. New action, when.
If any action be commenced within due time, and the plaintiff fail in
such action otherwise than upon the merits, and the time limited for the
same shall have expired, the plaintiff, or, if the plaintiff die, and the
cause of action survive, his or her representatives may commence a new
action within six (6) months after such failure.
60-519. Suits stayed by injunction.
Whenever the commencement of any action shall be stayed by an injunction
of any court, the time during which such injunction shall be in force shall
not be deemed any portion of the time limit for the commencement of such
action.
60-520. Part payment or acknowledgment of liability.
(a) Effect. In any case founded on contract, when any part of the
principal or interest shall have been paid, or an acknowledgment of an
existing liability, debt or claim, or any promise to pay the same, shall
have been made, an action may be brought in such case within the period
prescribed for the same, after such payment, acknowledgment or promise; but
such acknowledgment or promise must be in writing, signed by the party to
be charged thereby.
(b) Joint debtors. If there be two or more joint contractors, no one of
whom is entitled to act as the agent of the others, no such joint
contractor shall lose the benefit of the statute of limitations so as to be
chargeable by reason of any acknowledgment, promise or payment made by any
other or others of them, unless done with the knowledge and consent of, or
satisfied [ratified] by the joint contractor sought to be charged.