FAQs • Montgomery County District Clerk, KS • CivicEngage

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How does a court judgment get on my credit report?: Civil records are subject to public access. Company representatives review our public records for items that impact the titles to property. Through this process, court records are reported to a credit bureau. If a person pays (satisfies) a judgment, it is the individual’s responsibility to inform the creditors that the judgment is paid in full. They may require proof of satisfaction.

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Civil

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1. How do I find out if someone has a case filed against them?: You may search records on one of our public access terminals located at each District Court Office.

2. I am named as a party in a civil case. Will the court appoint a lawyer to represent me?: In civil matters, the court cannot appoint an attorney to represent you except under some circumstances of contempt.

3. What if I can't afford an attorney?: Kansas Legal Services may assist and charges legal fees based upon income. There are also some attorney's offices who do not charge for the first initial visit or they may charge a minimal fee for a consultation.

4. My spouse and I are both being sued in civil court and the matter is set for a hearing. Can I appear on behalf of my spouse?: No. Non-lawyers may represent only themselves in court proceedings. Spouses may not represent one another at court hearings.

5. If I am appointed as a power of attorney for someone, can I appear or answer on their behalf in a court matter?: No. Non-lawyers may represent only themselves and not others in court proceedings.

6. How does a court judgment get on my credit report?: Civil records are subject to public access. Company representatives review our public records for items that impact the titles to property. Through this process, court records are reported to a credit bureau. If a person pays (satisfies) a judgment, it is the individual’s responsibility to inform the creditors that the judgment is paid in full. They may require proof of satisfaction.

7. Who do I contact to find a current balance due on a judgment?: You will need to contact the attorney or the individual to whom the money is due to obtain a current balance due. The Court does not monitor this information.

8. Can I obtain someone’s address from the court records?: No. The Court is prohibited from releasing any personal information on individuals including addresses and telephone numbers. However, we are allowed to provide you contact information for an attorney or law firm on a case.

9. May I view an actual court file?: As long as the record is open to the public, you may see the actual file. However, on January 1, 2018, the District Courts initiated electronic files so paper files are no longer maintained. You may view images of filings in a case on our public access terminals located at each District Court Office.

10. What is happening on my case?: The clerks cannot provide you with legal determination of what is happening in your case. However, if you call with your case number, they may tell you what documents have been filed and the next hearing date provided the case is not sealed by the Court.

11. How do I legally change my name?: If you do not want to retain an attorney, there are self-help forms on the Kansas Judicial Branch website. The court staff may not assist you in completing any forms or provide legal advice.

12. Can I lose my real estate by not paying the property taxes?: Yes. Failure to pay the real estate taxes can cause you to lose your property. If a landowner does not pay taxes on real estate, the county can sell the property in a tax foreclosure action.

13. What is a tax foreclosure sale?: A tax foreclosure sale is the forced sale of real estate property by a governmental entity because the taxes were not paid.

14. When can my real estate property be subject to a tax foreclosure judgment and sale?: Real estate property with taxes delinquent for 3 years or more are subject to a tax foreclosure action and sale.