Small claims forms · Kansas

Kansas small claims court forms

Vera can't fill Kansas's small claims forms yet. Here is what the court provides and what to know; Vera still helps you organize your case, deadlines and evidence.

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To sue (you're the plaintiff)

A small claim is filed in the district court under the small claims procedure act, part of the code of civil procedure for limited actions. It is a claim for money or personal property of no more than $10,000, "exclusive of interest, costs and any damages awarded pursuant to K.S.A. 60-2610", and may not be an assigned claim, a claim owed to someone else, or a claim obtained through subrogation (K.S.A. 61-2702, 61-2703(a)).
The pleading is "the statement of plaintiff's claim, which shall be on the form set forth by the judicial council and be denominated a petition", and "the court shall supply the forms prescribed by this act" (K.S.A. 61-2705, 61-2713).
File where the defendant resides; where you reside if the defendant is served there; or where the defendant has a place of business or employment if served there. The county where the claim arose is proper "only where it is affirmatively shown that the defendant was a resident of the county" when it arose (K.S.A. 61-2708, 61-3402).
The docket fee is "$35 if the claim does not exceed $500; or $55 if the claim exceeds $500", unless the judge waives it for good cause. "No person may file more than 20 small claims under this act in the same court during any calendar year" (K.S.A. 61-2704(b)).
No party may be represented by an attorney before judgment unless another party uses one. "A party may appear by a full-time employee or officer or any person in a representative capacity so long as such person is not an attorney." The clerk issues the summons, and the sheriff serves it "unless a party, either personally or through an attorney, elects to undertake responsibility for service and so notifies the clerk"; the appearance date is 14 to 50 days after the summons is issued (K.S.A. 61-2707(a), 61-2714(a), 61-3001, 61-3002(b), 61-3003(b)).
When the claim is for a residential security deposit: the landlord must return the balance within 14 days after determining the deductions, and no later than 30 days after termination of the tenancy, delivery of possession and the tenant's demand; if not, the tenant may recover the amount due plus "damages in an amount equal to 1 1/2 the amount wrongfully withheld" (K.S.A. 58-2550(b), (c)).

If you were sued (you're the defendant)

The summons states when you must appear and that if you do not, "judgment by default will be rendered against such defendant for the relief demanded in the petition". The date is 14 to 50 days after the summons is issued (K.S.A. 61-3002(a), (b)).
"No pleadings other than those provided for herein shall be allowed." A claim of your own that arises out of the same transaction or occurrence goes on "a statement of the defendant's claim on the form set forth by the judicial council"; the court cannot hear a claim of yours that does not (K.S.A. 61-2705).
No party may be represented by an attorney before judgment. If the other side uses an attorney, you may have one too, and the court will grant one reasonable continuance on request to get one. A business may appear by a full-time employee or officer who is not an attorney (K.S.A. 61-2707(a), 61-2714(a), (b)).
You may raise as a defense that the plaintiff filed more small claims than the law allows (20 in the same court in a calendar year); if the court finds so, it dismisses the case with prejudice (K.S.A. 61-2704(b), 61-2714(d)).
An appeal is taken by a notice of appeal filed with the clerk "within 14 days after entry of judgment" and is heard anew by another district judge; enforcement is stayed while an appeal may be taken or is pending (K.S.A. 61-2709(a)).
Unless the judgment is paid, a judgment debtor must give the clerk a verified statement of property and assets within 30 days after receiving the form (K.S.A. 61-2707(b)).

Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.