Barnes, Queit Title

QUIET TITLE STATUTE

K.S.A. 60-1002. Quieting or determining title or interest in property (a) Right of action An action may be brought by any person claiming title or interest in personal or real property, including oil and gas leases, mineral or royalty interests, against any person who claims an estate or interest therein adverse to him or her, for the purpose of determining such adverse claim.

(b) Action to bar lien claim, when When a lien on property has ceased to exist, or when an action to enforce a lien is barred by a statute of limitation or otherwise, the owner of the property may maintain an action to quiet title.

RELATING TO PERSONAL PROPERTY, SUCH AS CARS, BOATS, MOBILE HOMES, ETC.

When an individual or business applies for a title with the Division of Motor Vehicles, there may be a problem that needs to be corrected. Frequently this is because the original owner of the vehicle did not sign the title when transferring it to the new owner, and the new owner cannot find the person to correct the problem. Sometimes it is because a wrecked or abandoned vehicle is restored and the owner cannot be located. These are just a couple of possible explanations.

To correct these problems, you would file a QUIET TITLE ACTION /CASE.

If you need to transfer a vehicle belonging to a family member who is deceased, you can do so with this form: http://www.ksrevenue.org/pdf/tr83.pdf or http://www.ksrevenue.org/pdf/tr83b.pdf if either is appropriate.

Kansas is a “lien holding” state. This means that the Kansas Department of Revenue holds the title on any vehicle that is subject to a lien. The lien is not available to the owner until payment is made in full on the purchase price or other loan in which the vehicle is a collateral. If the seller cannot provide a title, it may be because there is still a lien on the vehicle. If you “buy” a vehicle with a “lien” on the title, your ownership is not clear until the lien has been paid. This may require that you pay off this lien to get ownership of the vehicle. Even if the seller tells you they have lost the title and will apply for a new one, you can see if the vehicle has a lien by looking at the annual registration form received when the property taxes and tag renewal are paid.

If you purchase a car and do not get title at the time of the sale, or if agreed within 60 days of the sale, the sale is void and fraudulent, per KSA 8-135. You can revoke the sale and get your money back, if you can find the seller. Notes on Filing a Quiet Title Action

A Quiet Title Action can be used to clarify the ownership of any vehicle on which a Title is provided by the State of Kansas. This can include a car, motorcycle, travel trailer or mobile home. These things will be collectively referred to as vehicle in these instructions.

The first step, prior to filing any court action, is to check with the Kansas Highway Patrol to be certain that the vehicle has not been reported as STOLEN.

For more information on how to get the Vehicle Identification Number look here: For vehicles manufactured after 1968, the VIN might be found on the lower-left corner of the dashboard, in front of the steering wheel. You can read the number by looking through the windshield. For vehicles manufactured before 1968, you can get ideas on this website: http://www.dmv.org/vehicle- history/find-vin.php

If you do not have a current title on the vehicle, you should look up whether a Kansas title has been issued on this car. You get the form to obtain the title information here: http://www.ksrevenue.org/pdf/trdl302.pdf. You will use code F for the reason you are getting this information. There are charges related to obtaining this information. You may wish to request a Vehicle Registration Report to know who is listed as on the title. That person should be listed as a defendant on the Quiet Title Petition.

The person filing the case is the Plaintiff. This is the person who wants, ultimately, to have their name on the title to the car.

The Defendants are the person who is listed on the title and the person who you bought the car from. In addition, the Kansas Department of Revenue is always a Defendant.

You should complete a Petition for your case. Read the sample carefully, filling in the blanks and removing the words in ( ) that help explain what you are to put in each blank. You will need to include the Vehicle Identification Number in the Petition and other places on the forms. You will also need to provide a description of the property, for example: a 2002 Pontiac Sunfire, with the Vehicle Identification Number:

You are asked to state the value of the vehicle. You can determine this based on what you believe the fair market value of the vehicle is, in its present condition. The amount you paid for it would be one source of the value. There are also sources on the internet for determining opinions on the value of the vehicle.

Court filing costs will be approximately $176. In addition, you will pay the cost of service by the local Sheriff on the Kansas Department of Revenue (about $10). You may be required to pay the costs of certified mail to the Defendants you know an address for. You will be required to pay the publication costs for notice to any Defendants you do not have an address for. You publish the notice attached in the Legal Publication for the county in which the case is filed. You can find the list of newspapers here: http://kansaslegalservices.org/node/975. The notice must be filed three separate times, one week apart each time. You are required to “serve” the Petition on each Defendant in this case. Do not avoid Defendants because of service issues. This action is only effective against Defendant’s listed in this action. It is possible to serve Defendants in a variety of manners. You may use all options, depending on the information you have for each Defendant.

Consider the type of service you will use on each Defendant. The options include:

 Service by the County Sheriff. This is effective where you have an address and must be used for service on the Kansas Department of Revenue. You should take a copy of your Petition to the Clerk of the Court, along with the Summons for the Kansas Department of Revenue. After this is file stamped by the Clerk, you should ask if they will get it to the Sheriff.

 Service by Certified Mail. This is effective if you have an address on a Defendant.

You need to prepare a Summons for any Defendant that you do have an address for. The summons form is attached. You will mail the Summons and Petition to each Defendant. You should not mail them until they are filed with the Court. Take a copy of the Petition and an original Summons for each Defendant you are serving by Certified Mail. You will need to get the Petition “file stamped” by the Clerk. They may also “stamp” the signature of the Clerk on the Summons. You should write the Case Number assigned to your case on the Petition and Summons. IT IS THEN YOUR RESPONSIBILITY TO MAIL THESE DOCUMENTS.

You prepare the envelope with the “green tag” from the US Postal Service. You pay a price for the delivery by certified mail, return receipt requested. Show your address as the place to return the “green tag”. Mail it at the US Post Office.

Soon after, you may receive the green tag (return receipt) with the signature of the defendant. Print a copy of the summons for the defendant. Put the case number on the copy of the summons. Complete the button of the summons showing return of service of summons. Tape the return receipt on a piece of paper, write on the case number. If it is returned “undelivered” from the Post Office, you have not successfully served that defendant and you must try another method of service. Sign the return section before a notary. File it with the Clerk of the Court, when you go back for the final hearing. Keep a copy to show the Judge at the hearing, since there is not enough time for the filing to be processed before your hearing, if you file it the same day.

This form of service is only difficult when people to whom the notice is delivered by the US Postal Service will not go to the Post Office to retrieve the letter. Simply mailing the notice is not good enough. The person must go to the Post Office to sign for the letter. Sometimes, it is helpful to mail a copy of the notice in regular mail with a note that this is the content of the certified mail and requesting that the person go to the post office and retrieve the certified letter.

 Service by Publication. This is effective when you do not have an address for a Defendant and cannot find one. It is required that you take action to try to find the address. At the least, this requires an internet search for the name and a phone books search in the Defendant’s home area. Often, libraries have a collection of phone directories. If you are going to do service by publication, you must complete the Affidavit to Obtain Service by Publication and sign it before a notary. You must also complete the Notice of Suit. You should write in the case number assigned to your case on the Notice of Suit. This is the actual notice that is published in the paper.

You publish the notice attached in the Legal Publication for the county in which the case is filed. You can find the list of newspapers here: http://kansaslegalservices.org/node/975. The notice must be published three separate times, one week apart each time.

Publication costs will depend on what the local legal publication paper charges. Check with the Clerk to confirm the newspaper listed is the paper that is designated to print the legal publications in your county. You will need to make your own arrangements to be billed by the newspaper publisher or pay in advance. This may not be the paper that prints the daily newspaper in your area.

You will need to put a date in the document titled Notice of suit before you file it. Count forward from the date the notice will be first published (learn that from the newspaper publisher) at least 41 days. That allows for three publications, one week apart, plus 20 days to file an answer. You will not do anything with the publication notice until after you have filed the case with the Clerk of the District Court. You only need to print the publication notice at this point. If you must notify more than one Defendant, you can do it in one Notice.

If you are seeking publication notice on someone for whom you have an address, but were unsuccessful with certified mail delivery, you need to mail them a copy of the publication notice. After the notice is published for the first time, you will receive a copy of the notice that was published in the paper. You should send a copy of that notice, regular mail, to any address you have for the Defendant.

You need to complete a civil information sheet for your case. This will be left with the Clerk of the Court. You need to include all information about yourself and about each Defendant in your case. This has already been done for the Kansas Department of Revenue. The information is used for entry in to the data base maintained by the Clerk of the Court.

After you have completed and printed the appropriate forms (Petition, Civil Information Sheet and whatever is required for the type of publication you choose), you should wait to sign them before a notary public. By signing in this manner, you are verifying the truth of the statements in your petition. You can find a notary public at most banks and many grocery stores. You may have a pay a small fee to the notary public. You will be required to prove your identity to the notary public, through a government issued ID.

You will take these papers (Petition, Notice of Suit, Affidavit of Publication and Return of publication) to the Clerk of the District Court in the County Courthouse. You can set a date to finalize your case at least 41 days after you file it. You will need to see if an answer has been filed to the suit. You will do this with the Clerk of the District Court.

TO FINALIZE YOUR CASE::

You must contact the Clerk of the District Court to determine the date the Court will consider your petition. This is generally known as the trial date. You must return to Court and see the Judge to which the case is assigned.

ON THE DAY SET FOR YOUR FINAL HEARING (TRIAL):

Take three copies and the original of the final order with you to Court. Your case will be assigned to a Judge. The Judge may hold a hearing on this matter, asking you to testify under oath about the truthfulness of the Petition. The Judge will review the paperwork. The Judge will sign only the original of the final order. The copies will be file stamped by the Clerk (but if you take copies with you, you don’t have to pay the Court Clerk for copies.). You will need one certified copy of the final order. The Clerk will certify one of the copies that you provide. (Certify is a process that requires some additional stamps and signatures by the Clerk.)

You will send the certified copy to the Department of Motor Vehicles to get the new title issued. The Department of Motor Vehicles will send you instructions on what to do with the final order. Follow the instructions in their letter. For Office Use Only CIVIL INFORMATION SHEET The civil information sheet neither replaces nor supplements the filing and service of pleadings or other papers as required by law. This form is required for use by the Clerk of the District Court for the purposes of initiating the civil docket sheet. This information will not be available to the public and this document will be stored in a separate location from the case file and then destroyed within a reasonable time. A new case will not be accepted without a cover sheet attached. (THIS FORM MUST BE TYPED OR PRINTED LEGIBLY). This form can be found at www.kscourts.org.

NATURE OF SUIT (Click or mark in one circle only – If the case involves more than one of the following categories, indicate the category having the highest dollar value) CIVIL If a CH. 61: $______(Judgment Demand Amount) TORT CONTRACT REAL PROPERT STATE TAX Asbestos Product Liability Buyer Plaintiff Eminent Domain WARRANT Automobile Tort Employment Dispute - Discrimination Mortgage Foreclosure Intentional Tort Employment Dispute - Other Other Real Property Legal Malpractice Fraud Medical Malpractice Landlord/Tenant - Unlawful Detainer MISCELLANEOUS Other Professional Malpractice Landlord/Tenant Dispute – Other 60-1507 Premises Liability Seller Plaintiff (debt collection) Habeas Corpus Slander/Libel/Defamation Other Contract Other Writs Tobacco Product Liability Toxic/Other Product Liability CIVIL APPEALS OTHER CIVIL Other Tort Administrative Agency Other Civil Appeal SMALL CLAIMS DOMESTIC

MARRIAGE DISSOLUTION/DIVORCE PROTECTION FROM ABUSE PROTECTION FROM STALKING UIFSA

OTHER DOMESTIC RELATIONS NON-DIVORCE SUPPORT, CUSTODY OR VISITATION PATERNITY PROBATE/ESTATE GUARDIAN /CONSERVATOR DETERMINATION OF DESCENT ELDER ABUSE ADOPTION Conservatorship/Trusteeship Guardianship – Adult SEXUALLY VIOLENT PREDATOR OTHER PROBATE / ESTATE Guardianship - Minor Guardian/Conservator – Adult DECEDENT ESTATE CARE AND TREATMENT Guardian/Conservator - Minor

JURY DEMAND YES (Check yes only if jury demand is included in petition or as a separate pleading) NO

SUMMONS ATTACHED: YES NO SERVICE BY: PROCESS SERVER/ATTORNEY SHERIFF IN STATE ______SHERIFF OUT OF STATE ______County/State SHERIFF’S PROCESS FEE ATTACHED YES NO

PLAINTIFF / SUBJECT INFORMATION DEFENDANT / OTHER PARTY INFORMATION (ATTACH ADDITIONAL SHEET, IF NECESSARY) (ATTACH ADDITIONAL SHEET, IF NECESSARY) NAME: NAME: Kansas Department of Revenue ADDRESS: ADDRESS: %Kansas Attorney General Memorial Building, 2 nd Floor, 120 SW 10 th , Topeka, KS 66612-1597 PHONE: SEX: PHONE: N/A SEX: N/A SSN: DOB: SSN: N/A DOB: N/A DL OR STATE ID NO:______DL OR STATE ID NO:______N/A______State and Number State and Number ALIAS NAMES USED:______ALIAS NAMES USED: ______

ATTORNEYS ATTORNEYS (if known) (Firm Name, Address, Telephone Number and Supreme Court ID Number) Firm Name, Address, Telephone Number and Supreme Court ID Number)

The requirement that Social Security numbers be included on domestic cases is mandatory, and authorized by the Supreme Court and federal law. On non-domestic cases, the Social Security number is not mandatory. The number is used for purposes of identification and may be disclosed as permitted by law. This form is not considered to be a public record. ADDITIONAL CIVIL PARTY INFORMATION

DEF/OTHER PTY INFORMATION (CIRCLE ONE) DEF/OTHER PTY INFORMATION (CIRCLE ONE) (ATTACH ADDITIONAL SHEET, IF NECESSARY) (ATTACH ADDITIONAL SHEET, IF NECESSARY)

NAME: NAME: ADDRESS: ADDRESS:

PHONE: SEX: PHONE: SEX: SSN: DOB: SSN: DOB: DL OR STATE ID NO:______DL OR STATE ID NO:______State and Number State and Number ALIAS NAMES USED:______ALIAS NAMES USED: ______

PLTF/SUB/DEF/OTHER PTY INFORMATION (CIRCLE ONE) PLTF/SUB/DEF/OTHER PTY INFORMATION (CIRCLE ONE) (ATTACH ADDITIONAL SHEET, IF NECESSARY) (ATTACH ADDITIONAL SHEET, IF NECESSARY)

PHONE: SEX: PHONE: SEX: SSN: DOB: SSN: DOB: DL OR STATE ID NO:______DL OR STATE ID NO:______State and Number State and Number ALIAS NAMES USED:______ALIAS NAMES USED: ______

PLTF/SUB/DEF/OTHER PTY INFORMATION (CIRCLE ONE) PLTF/SUB/DEF/OTHER PTY INFORMATION (CIRCLE ONE) (ATTACH ADDITIONAL SHEET, IF NECESSARY) (ATTACH ADDITIONAL SHEET, IF NECESSARY)

PHONE: SEX: PHONE: SEX: SSN: DOB: SSN: DOB: DL OR STATE ID NO:______DL OR STATE ID NO:______State and Number State and Number IN THE DISTRICT COURT, ______COUNTY, KANSAS CIVIL DEPARTMENT

Your Name ) ) Plaintiff ) and ) Case No. ) Kansas Department of Revenue, ) Person you bought it from, and ) Person(s) Named on title ) Defendants ) ) Pursuant to Chapter 60 of Kansas Statutes Annotated PETITION

COMES NOW the Plaintiff,______(your name), and for his/her claim against Defendant(s) who may have an interest in a ______(year) ______(Make and Model) car/motorcycle/travel trailer/motor home with VIN: ______, herein states: 1. Plaintiff, ______, is a resident of County, Kansas, residing at 2. The Kansas Department of Revenue can be served be delivering a copy of the pleadings to the Kansas Attorney General, Memorial Building, 2nd Floor, 120 SW 10th, Topeka, KS 66612-1597. Defendant ______can be served at: ______I am unable to locate an address for the defendant, ______, who should be served by publication. 3. I am the rightful owner and am in possession of a ______(car make and model), with the vehicle identification number: ______4. I estimate the value of this vehicle to be ______. 5. I have determined that there is not a lien on this property, through a records inquiry with the Kansas Department of Motor Vehicles. 6. I have determined that this is not a stolen vehicle, through an inquiry with the Kansas Highway Patrol. 7. The reason I have been unable to obtain a title is: (put in your explanation here)

THEREFORE, plaintiff requests judgment as follows: That the Defendant and all persons who may be interested in the above- describe property, quieting title to ______(description and VIN) in the name of Plaintiff ______(your name) and in no other party; and for judgment against the Kansas Department of Revenue, Division of Motor Vehicles, ordering and requiring it, upon completion of the appropriate application and payment of the required application fee, to issue a new Kansas certificate of title for said property; for the costs of this action to be assessed to the Plaintiff and for other and further relief as the Court deems just and proper.

Submitted by

______Plaintiff

Print Name: ______

Address: ______

City, State, Zip Code: ______

Phone: ______

SUBSCRIBED AND SWORN to before me, a notary public, this ______day of ______, 20__.

______Notary Public IN THE DISTRICT COURT ______COUNTY, KANSAS

Your Name ) ) Plaintiff ) and ) Case No. ) Kansas Department of Revenue, ) Person you bought it from, and ) Person(s) Named on title ) Defendants ) ) Pursuant to Chapter 60 of Kansas Statutes Annotated

For Service by Sheriff SUMMONS – (IN STATE)

To the Defendants: Kansas Department of Revenue % Kansas Attorney General, Memorial Building, 2nd Floor, 120 SW 10th, Topeka, KS 66612-1597

You are hereby summoned and required to serve upon the Plaintiff whose address is ______(fill in Plaintiff’s address), an answer to the petition which is herewith served upon you, within 21 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the petition. Your answer must also be filed with the Court. As provided in subsection (a) of K.S.A. 60-213, and amendments thereto, your answer must state as a counterclaim any related claim which you may have against the Plaintiff, or you will thereafter be barred from making such claim in any other action.

Dated: ______

______Clerk of the District Court/Deputy

RETURN OF SERVICE OF SUMMONS

I hereby certify that I have served the within summons in the following manner:  (a) Personal Service - By delivering on the ______day of ______, 20___, at _____:______am/pm, a copy of the summons and a copy of the petition to the above named Defendant.  (b) Residence Service - By leaving on the ______day of ______, 20___, at _____:______am/pm, for the above named Defendant a copy of the summons and a copy of the petition at the respective dwelling place or usual place of abode of such the Defendant with some person of suitable age and discretion residing therein.  (c) Residence Service - By leaving on the ______day of ______, 20___, at _____:______am/pm, for the above named the Defendant a copy of the summons and a copy of the petition at the respective dwelling place or usual place of abode and mailing to that person by first-class mail a notice that the copies have been left at the Defendant’s dwelling place or abode.  (d) Certified Mail Service – By causing a copy of the summons and a copy of the petition to be delivered on the _____ day of ______, 20____, by certified mail service to the Defendant at the following address: ______with delivery being made by the following person or entity: ______A copy of the return receipt evidencing delivery is attached to this Return of Service.

 (e) Mail Service (Return Receipt Delivery Refused)- By causing a copy of the summons and a copy of the petition to be mailed on the ______day of ______, 20_____, first-class, postage pre-paid, to the Defendant at the following address:

Service by Law Enforcement Officer

I declare under penalty of perjury, as provided in K.S.A. 21-3805, that the foregoing Return on Service of Summons is true and correct.

Executed on , 20 .

(Signature and Title of Officer) IN THE DISTRICT COURT ______COUNTY, KANSAS

SUMMONS – (IN STATE)

To the Defendants: ______(fill in names of defendants for whom you have an address; separate summons for each Defendant) You are hereby summoned and required to serve upon the Plaintiff whose address is ______(fill in Plaintiff’s address), an answer to the petition which is herewith served upon you, within 21 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the petition. Your answer must also be filed with the Court. As provided in subsection (a) of K.S.A. 60-213, and amendments thereto, your answer must state as a counterclaim any related claim which you may have against the Plaintiff, or you will thereafter be barred from making such claim in any other action.

Dated: ______

______Clerk of the District Court/Deputy

RETURN OF SERVICE OF SUMMONS

I hereby certify that I have served the within summons in the following manner:

 (a) Personal Service - By delivering on the ______day of ______, 20___, at _____:______am/pm, a copy of the summons and a copy of the petition to the above named Defendant.  (b) Residence Service - By leaving on the ______day of ______, 20___, at _____:______am/pm, for the above named Defendant a copy of the summons and a copy of the petition at the respective dwelling place or usual place of abode of such the Defendant with some person of suitable age and discretion residing therein.  (c) Residence Service - By leaving on the ______day of ______, 20___, at _____:______am/pm, for the above named the Defendant a copy of the summons and a copy of the petition at the respective dwelling place or usual place of abode and mailing to that person by first-class mail a notice that the copies have been left at the Defendant’s dwelling place or abode.  (d) Certified Mail Service – By causing a copy of the summons and a copy of the petition to be delivered on the _____ day of ______, 20____, by certified mail service to the Defendant at the following address: ______with delivery being made by the following person or entity: ______(list your name)_. A copy of the return receipt evidencing delivery is attached to this Return of Service.

 (e) Mail Service (Return Receipt Delivery Refused)- By causing a copy of the summons and a copy of the petition to be mailed on the ______day of ______, 20_____, first-class, postage pre-paid, to the Defendant at the following address:

STATE OF KANSAS ) ) ss: COUNTY OF ______)

I, ______(your name), swear or affirm that the foregoing Return on Service of Summons is true and correct.

Executed on ______day of ______, 20_____.

______Signature of person serving process

Subscribed and sworn to before me on this ______day of ______, 20_____.

______Notary

My commission expires: ______Use the next set of papers, if services by publication is required on any defendants. If there are no defendants receiving service by publication, you don’t need these forms.)

You will need the:

AFFIDAVIT TO OBTAIN SERVICE BY PUBLICATION – which you complete and file with the Clerk

NOTICE OF SUIT – which you will get to the paper that files legal publication in your county

AFFIDAVIT OF SERVICE – which you complete after you have mailed notice to the last known address for each defendant served by publication. You must mail a copy of the notice from the newspaper to the last address, even if you know that is no longer the address of the Defendant. IN THE DISTRICT COURT ______COUNTY, KANSAS

AFFIDAVIT TO OBTAIN SERVICE BY PUBLICATION

STATE OF KANSAS ) ) ss: ______COUNTY ) ______(Plaintiff’s name), being duly sworn upon oath, alleges and states: FIRST: That I am the Plaintiff in the above-captioned action and makes this affidavit for the purpose of obtaining service by publication upon the Defendant, ______(state names of any defendant who must be served by publication). SECOND: That Plaintiff does not know and with due diligence is unable to ascertain the residence of the Defendant(s). THIRD: That Plaintiff is unable to procure personal service of summons upon the Defendant(s) within this state. FOURTH: That this action is one of those mentioned in K.S.A. 60-307 (a) (1 to 4 inclusive), and amendments thereto.

Plaintiff SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public, on this _____ day of ______, 20__. ______Notary Public

My Appointment Expires: IN THE DISTRICT COURT ______COUNTY, KANSAS

NOTICE OF SUIT

To (names of defendants to whom notice is given) and all other concerned persons:

You are notified that a Petitioner has been filed in the District Court of ______

County by ______Plaintiff praying that title to property stated in the Petition be awarded to the Plaintiff and you are hereby required to plead to the Petition on or before

______, 20____. If you fail to plead, judgment will be entered upon the Petition.

______Petitioner Full Address IN THE DISTRICT COURT ______COUNTY, KANSAS

AFFIDAVIT STATE OF KANSAS) ) SS: ______COUNTY)

Your name, of lawful age, being duly sworn upon oath, states that: On this ______day of ______, 20____, a copy of the publication notice was mailed by first class, postage prepaid, United States mail to: (list name and address you mailed to)

______Plaintiff IN THE DISTRICT COURT, ______COUNTY, KANSAS

Your Name ) ) Plaintiff ) and ) Case No. ) Kansas Department of Revenue, ) Person you bought it from, and ) Person(s) Named on title ) Defendants ) ) Pursuant to Chapter 60 of Kansas Statutes Annotated FINAL ORDER

NOW on this ______day of ______, 20_____comes the Plaintiff for trial on this matter. Whereupon the Court finds, as follows: 1. Plaintiff, _{Your name}______, is a resident of County, Kansas, residing at ______(your address) 2. Defendants have been served with notice of this action as follows: Defendant Kansas Department of Revenue through Sheriff’s service. Defendant(s) ______were served by certified mail. Defendant(s) ______were unable to be located and were served by publication. The Kansas Department of Revenue has answered this suit. No other Defendant has filed an answer. (modify as appropriate). 3. Plaintiff purchased a (make and model), with the vehicle identification number of :______from Defendant ______(list appropriate defendant). 4. The Plaintiff was unable to locate the owner of this vehicle, as listed on the title and provided notice by publication to that owner and any unnamed owner, as required by law. (modify as appropriate for your situation). 5. The Plaintiff is entitled to quiet the title of the vehicle and receive a title listing the Plaintiff as the owner of the vehicle. IT IS THEREFORE ADJUGED, DECREED AND ORDERED THAT: All adverse claims of Defendant(s) and all persons claiming under Defendant as to this automobile are not valid; the Plaintiff owns absolutely and is entitled to the quiet and peaceful possession of the ______(automobile type and VIN) as against the Defendant and all persons claiming under Defendant: that Defendants and all persons claiming under Defendants have no estate, right, title, lien, or interest in or to the property or any part thereof and that title to the property be quieted in Plaintiff against all claims of Defendant and all persons claiming under Defendant; and that Defendant and all persons claiming under Defendant are permanently enjoin from asserting any estate, right, title, lien, or interest in or to the property or any part thereof adverse to plaintiff. Further, the Defendant Kansas Department of Revenue is ordered to prepare a title identifying the Plaintiff as the owner of the vehicle identified in this petition.

IT IS SO ORDERED.

______JUDGE

Prepared by:

______(Signature of) Plaintiff