United States District Court, D. Kansas
MILO A. JONES, Plaintiff,
JUSTIN COURTNEY, Defendant.
ORDER AND NOTICE TO APPEAR
P. O'Hara U.S. Magistrate Judge
plaintiff Milo A. Jones has filed a motion for hearing in aid
of execution of a judgment he obtained against defendant
Justin Courtney (ECF No. 295). Courtney has not responded to
the motion, and his time for so doing has expired. The court
grants the motion, both as unopposed and in accordance with Kan.
Stat. Ann. § 60-2419.
September 2007, Jones obtained a judgment against Courtney,
which he has been attempting to recover for the past twelve
years. The judgment was most recently revived on June 26,
the court is asked to aid the execution of a judgment, the
Federal Rules of Civil Procedure direct the court to follow
the laws of the state in which the federal district court
sits. Thus, the court looks to Kansas law for
the applicable procedures in this matter. Kan. Stat. Ann.
§ 60-2419 sets forth the procedures for a hearing in aid
of execution. Under that provision, a judgment creditor
without sufficient knowledge of the debtor's assets to
advise the sheriff where and on what to levy execution is
entitled to have an order for a hearing in aid of
execution. An order for a hearing in aid of execution
requires the judgment debtor to appear and answer questions
concerning his property and income. If the judgment debtor fails
to appear before the court, he is deemed guilty of contempt
of court. At that point, the court shall issue a citation
requiring the judgment debtor to appear before the court and
show cause why he should not be punished for
contempt. If, after proper service of the citation,
the judgment debtor does not appear or if it appears to the
court that the debtor is hiding to avoid the process of the
court, the court may issue a bench warrant commanding law
enforcement to bring the person before the
the procedures outlined in Kan. Stat. Ann. § 60-2419,
the court grants Jones's motion for a hearing in aid of
execution. Courtney is ordered to appear in person for a
debtor's examination on July 25, 2019, at 10:30
a.m., in Courtroom 223 of the United States Court
House before U.S. Magistrate Judge James P. O'Hara. The
court will arrange for Jones to appear via telephone. The
dial-in for the conference-center line, for Jones only, is
888-363-4749, with the access code 8914911 to join the
conference. At the hearing, Jones may ask Courtney about his
income, assets, and employment.
notice of the hearing shall be mailed by regular and
certified mail both to Courtney's address of record,
which again appears to be outdated,  and to the address provided
by Jones as Courtney's “last address served on
record”: 117 Eisenhower Rd., Baldwin, KS 66006.
Courtney fails to appear, a citation will then be served
requiring him to appear and show cause why he should not be
held in contempt for failure to appear. If Courtney again
fails to appear in response to the show cause order, a bench
warrant shall be issued for failure to appear.
 See D. Kan. Rule 7.4(b)
(“If a responsive brief or memorandum is not filed
within the Rule 6.1(d) time requirements, the court will
consider and decide the motion as an uncontested motion.
Ordinarily, the court will grant the motion without further
 ECF Nos. 137, 140, & 147.
 ECF No. 296.
 Fed.R.Civ.P. 69(a).