Kansas small claims court is built for people handling their own cases. You can sue for money or personal property worth up to $10,000 [1], the filing fee is $35 or $55 [2], and as a rule neither side can have a lawyer before judgment [3]. Cases are filed with your local district court [6].
At a glance
What you can sue for
A small claim is a claim for money or for personal property, up to $10,000, not counting interest and court costs [1]. In a case to get property back, the value you put in your sworn petition decides whether it fits the limit [1].
Some claims aren’t allowed, even under the limit [1]:
- an assigned claim, such as a debt sold or handed to someone else,
- a claim for a debt owed to someone other than the person filing, unless the filer is a full-time employee or officer of the creditor, and
- a claim obtained through subrogation .
So a company that bought a debt from the original creditor can’t use Kansas small claims court to collect it [1].
If you ask for more than $10,000, the court can dismiss the case, let you lower your demand and give up the rest, or move it to a regular case if the court has jurisdiction [8].
Filing fees
The clerk collects a docket fee when you file [2]:
| Amount claimed | Docket fee |
|---|---|
| $500 or less | $35 |
| More than $500 | $55 |
A judge can waive the fee for good cause [2].
The 20-claim limit
No one can file more than 20 small claims in the same court in a calendar year [2]. Filing a case certifies that you’re within the limit, and a defendant can raise it as a defense. If the court finds the filer went over, it dismisses the case for good, and that counts as an unconscionable act under the Kansas Consumer Protection Act [5].
Filing and serving the case
Start by filling out the petition on the form set by the Kansas Judicial Council; courts supply the forms [7]. The Judicial Council’s forms and instruction sheets for filing and for responding are on the Kansas Judicial Branch self-help site [6].
Your case counts as started on the day you file, as long as the defendant is served within 90 days. Otherwise it starts on the day of service [2].
If you’re the one being sued
If you have your own claim against the person suing you that comes from the same transaction, and it’s within the $10,000 limit, file it on the Judicial Council’s form for the defendant’s claim [7].
At the hearing
The judge decides the case; there’s no jury [3]. As a rule, no one can be represented by a lawyer before judgment. A business can send a full-time employee or officer, or another representative who isn’t a lawyer [3]. There’s also no discovery : no depositions and no formal written questions [3].
The exception: if the other side uses a lawyer, or is a lawyer representing themselves, every other party may have a lawyer too, and the court will grant one reasonable continuance on request so you can hire one [5].
After the judgment
Collecting
Unless the judgment is paid, the judge’s order requires the person who lost to fill out a sworn statement of their property and assets, including their employer and bank accounts, within 30 days after receiving the form. The winner must mail the judgment and the form to them within 14 days and file proof of mailing [3]. The court can hold someone who doesn’t respond in contempt [3]. Garnishment isn’t allowed before judgment [3].
Appealing
Either side can appeal by filing a notice of appeal with the district court clerk within 14 days after judgment [4]. The appeal is decided from the start (de novo) by a different district judge, and the appealing party must serve notice on everyone else [4].
Where to get help
- Your district court clerk: local procedures, hearing schedules and forms [6].
- Kansas Judicial Branch self-help site (self-help.kscourts.gov): small claims forms, instructions and a video guide [6].
Sources
- K.S.A. 61-2703, Small claim, amount
- K.S.A. 61-2704, Commencement of action; fees and costs; limit on number of claims
- K.S.A. 61-2707, Trial of action; exclusion of attorneys; enforcement of judgment
- K.S.A. 61-2709, Appeals
- K.S.A. 61-2714, Use of attorneys; limit on number of claims
- Kansas Judicial Branch Self-Help, Small Claims
- K.S.A. 61-2705, Pleadings
- K.S.A. 61-2706, Claims exceeding scope of the small claims jurisdiction
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What is the small claims limit in Kansas?
$10,000, not counting interest and court costs. The claim must be for money or personal property worth up to that amount.
How much does it cost to file in Kansas small claims court?
The docket fee set by K.S.A. 61-2704 is $35 for a claim of $500 or less and $55 for a claim over $500. A judge can waive it for good cause. Ask your district court clerk whether any other charges apply.
Can I bring a lawyer to small claims court in Kansas?
Not before judgment, as a rule. But if the other side is represented by a lawyer, or is a lawyer representing themselves, every other party may have a lawyer too, and the court will grant one reasonable continuance so you can hire one.
Can a debt collector sue me in Kansas small claims court?
Not on a debt bought from or assigned by someone else. Kansas small claims can't be used for assigned claims, for debts owed to someone other than the person filing (unless they're a full-time employee or officer of the creditor), or for subrogation claims.
How long do I have to appeal a small claims judgment in Kansas?
14 days after judgment is entered. The appeal is heard again from the start by a different district judge.