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K.S.A. 60-218.Joinder of claims; contingent claims

Last amended July 1, 2010 · Last verified July 28, 2026

In one sentenceK.S.A. 60-218 lets a party bring as many independent or alternative claims as it has against an opposing party, including a claim contingent on another's outcome, and specifically allows joining a money claim with a claim to set aside a fraudulent conveyance or a fraudulently procured release without needing a prior judgment.

Full Text of K.S.A. 60-218

Text sizeJump to: (a) (b)

(a) In general. A party asserting a claim, counterclaim, crossclaim or third-party claim, may join, as independent or alternative claims, as many claims as it has against an opposing party.
(b) Joinder of contingent claims. A party may join two claims even though one of them is contingent on the disposition of the other, but the court may grant relief only in accordance with the parties' relative substantive rights. In particular, a plaintiff may state a claim for money and a claim to set aside a conveyance that is fraudulent as to that plaintiff, without first obtaining a judgment for the money; a plaintiff may state in the original claim or an amended petition or in an answer or a reply, a claim to have any release, settlement or discharge of the original claim set aside as fraudulent or wrongfully procured.

Amendment History

L. 1963, ch. 303, 60-218; amended by Supreme Court order dated July 17, 1969; L. 2010, ch. 135, § 85; July 1.

Plain-English Summary

Subsection (a) states the joinder rule in a single sentence: a party asserting a claim, counterclaim, crossclaim, or third-party claim may join as many independent or alternative claims against an opposing party as it has. There's no requirement that the claims relate to each other or arise from the same transaction -- a party can bundle unrelated claims against the same opponent into one action.

Subsection (b) adds that a party can join two claims even when one depends on how the other turns out, though the court's relief still has to track the parties' actual substantive rights -- joinder doesn't create rights that don't exist. The rule gives two concrete examples of this kind of contingent joinder. A plaintiff can state a claim for money owed alongside a claim to set aside a conveyance that's fraudulent as to that plaintiff, without first having to win a judgment on the money claim. And a plaintiff can include, in the original petition, an amended petition, an answer, or a reply, a claim to set aside a release, settlement, or discharge of the original claim on the ground that it was fraudulent or wrongfully procured.

Frequently Asked Questions

Can I bring unrelated claims against the same defendant in one lawsuit?

Yes. Subsection (a) allows a party to join as many independent or alternative claims as it has against an opposing party, without requiring that the claims share a common transaction or occurrence.

Do I need a judgment on my debt claim before I can challenge a fraudulent transfer by the same defendant?

No. Subsection (b) specifically allows a plaintiff to state a claim for money and a claim to set aside a fraudulent conveyance in the same action, without first obtaining a judgment on the money claim.

Can I challenge a release I signed as fraudulent while also pursuing my original claim?

Yes. Subsection (b) allows a claim to set aside a release, settlement, or discharge as fraudulent or wrongfully procured to be stated in the original petition, an amended petition, an answer, or a reply.

Does joining a contingent claim change what relief the court can award?

No. Subsection (b) makes clear the court may grant relief only in accordance with the parties' relative substantive rights, even when one claim is joined contingent on the disposition of another.

Is there a limit on how many claims I can join against one opposing party?

Section 60-218 doesn't impose one. Subsection (a) allows joinder of as many claims, independent or alternative, as a party has against an opposing party.

Source & verification. Section text is reproduced verbatim from the Kansas Statutes Annotated, enacted by the Kansas Legislature. Last verified July 28, 2026. · Official source
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