What Is a Small Claims Court in Kansas?
Kansas small claims courts were established in 1973 to handle civil cases where parties seek to recover money or property not exceeding $4,000, excluding interest and costs. Small claims courts offer an informal process to settle minor legal disagreements quickly and cheaply, as case parties can represent themselves.
Small claims court proceedings are held in the district courts across the state - they are not standalone courts but rather divisions of the Kansas district courts. Small claims courts in Kansas have jurisdiction over the following:
- Recovery of money
- Recovery of personal property wrongfully taken/detained
- Disputes over the personal property of a value
Typical cases filed in small claims court include:
- Personal injury claims, such as dog bites
- Defaults on the debts or loan repayment
- Negligence claims arising from improper car repairs by a car owner
- Breach of contract disputes between business partners
- Unlawful eviction notices
- Return of security deposit disagreements
How Does the Kansas Small Claims Court Work?
Small claims courts are used to resolve minor disputes involving individuals and businesses. Small claims courts offer an informal, quick, and inexpensive way of settling disputes, unlike other courts of the Kansas Judicial Branch. Like other civil court cases, small claims proceedings are presided over by a judge. However, unlike the typical civil case, the disputants are allowed to represent themselves in court, also known as proceeding "pro se." The person/business that brings the case to the court is the _plaintiff,_while the respondent is the defendant. If an attorney is a plaintiff or defendant, the other party is entitled to an attorney but may choose to proceed without one.
Small claims courts in Kansas do not hear cases with cash or property value over $4,000. Parties seeking more than $4,000 must agree to a judgment that does not exceed $4,000 to have their case heard in a small claims court, or the case must be removed to another court. Complainants in Kansas are limited to filing no more than ten small claims cases in the same calendar year. The small claims defendant can also choose to file a counterclaim. Parties to a small claims case can decide to settle out of court.
A district court judge hears and decides small claims cases. Typically, the losing party must pay a judgment within 15 days or face garnishment (a court order directing the seizure or control of their bank account or wages to force compliance).
Any losing party can appeal the judgment within 14 days if they wish. Appeals of small claims court rulings must be filed in the district courts. An appellant is advised to seek the advice of an attorney before filing the appeal.
How to Take Someone to Small Claims Court in Kansas
The first step to taking someone to a Kansas small claims court is to file a claim with the district court clerk of the county where one resides, the defendant resides, or where the business is located. The plaintiff must file the petition using small claims forms obtainable from the clerk's office or the internet. The filing party must give clear, accurate, and concise information regarding names and addresses, especially that of the sued person or business. Plaintiffs must also state reasons for filing the case and the amount or value of the claim. A clerk will notarize this petition after the plaintiff provides proof of identification, which must be a government-issued ID.
The plaintiff must pay a docket fee as part of the filing process. The amount payable is dependent on the amount of the claim. For claims up to $500, the docket fee is $35. For claims above $500 and up to $4000, the plaintiff must pay a docket fee of $55. The plaintiff is also liable for extra fees, including a $15 fee for the county sheriff to serve the defendant with the summons. The sheriff's fee is billed per address and paid separately with a check or money order. After delivering the summons, the sheriff must provide a copy of the summons, which confirms receipt by the defendant, and submit it to the court clerk. The summons can also be served by mail or process server, and in some instances, by publication.
Defendants who have a case against the plaintiff for the same issue can file a counterclaim by completing the claim form, which accompanies the summons, and returning it to the court. The sheriff will serve the counterclaim, or the defendant can send a copy to the plaintiff via mail or process server.
After service, a hearing date will be scheduled. Before that date, defendants can choose to resolve the matter outside the court. On receiving the summons, defendants who agree with the amount claimed can choose to pay it in full. As such, they will not need to appear in court, but they will need to notify the court of such out-of-court settlements.
Small claims cases are dependent on the evidence, witnesses, and the parties' abilities to present their arguments appropriately. After hearing from the litigants, their witnesses, and examining the provided evidence, the judge can pass judgment the same day unless there may be other evidence yet to be provided. If a served defendant fails to attend a hearing, the judge may rule in favor of the plaintiff and find the defendant in default.
After a judgment, the litigant who received the unfavorable ruling can file an appeal for a new judge and a new hearing. The appeal must be filed in a district court not more than ten days after the judgment. An appeal places the judgment on hold and requires additional paperwork and fees from the appellant. Persons appealing the ruling of a small claims court are advised to seek legal counsel before proceeding with the appeal, as the appeal will move the case out of a small claims court and involves complex court procedures.
The winner of the case in a small claims court will be given a "judgment debtor's statement of assets form." The winner can use this to collect a judgment from the losing party. If an appeal has not been filed, the winning party should send a copy of the judgment debtor's statement of assets' form to the losing party and file proof of service with the district court clerk. The judgment debtor will be expected to pay the judgment within 30 days or fill the form and send it to the court clerk.
How Much Can You Sue For in Kansas Small Claims Court?
Plaintiffs in Kansas small claims courts are limited to filing legal claims of not more than $4,000. Plaintiffs can also file to recover property valued at $4,000 or less. Note that any claim exceeding this amount cannot be broken up into different cases that satisfy the court's jurisdictional limit. Also, complainants are not allowed to file more than 10 cases in a calendar year.
How to Defend Yourself in Kansas Small Claims Court
An individual summoned to a Kansas small claims court due to a plaintiff's petition will need to evaluate the options available to them to defend themselves. The claim served on the defendant should have the required date of appearance in court and the court of hearing. The defendant will need to take note of this date to plan attendance or for actions they may need to take before the day.
A defendant who feels they have a claim against the plaintiff will need to complete the defendant's claim form, which is part of the summons, return it to the court as soon as possible, and mail a copy to the plaintiff. This counterclaim cannot exceed $4,000 unless the defendant is willing to remove the case from small claims court.
In weighing the information received from the plaintiff, the defendant may not have a defense in the case. In this case, the defendant can decide to pay the owed amount to the plaintiff. A defendant who chooses to pay what they owe will not need to appear in court, but they will need to make sure the court is notified in writing of the settlement so that the case may be dismissed. A defendant can also settle out of court by negotiating a reduced amount with the plaintiff or agreeing to a payment plan.
Defendants who choose not to settle out of court will need to put together copies of their transactions, contracts, letters, receipts, photos, and other relevant documents as exhibits or evidence to be presented during the trial. If there are witnesses, they will have to be informed ahead of time to attend the case. The defendant can obtain subpoenas issued by the court clerk for witnesses who may not be willing to attend the case. Also, the party should be ready to explain their side of the story respectfully and courteously to all the parties involved in the case.
How Long Do You Have to Take Someone to Small Claims Court in Kansas?
Kansas has a limited time frame within which aggrieved parties can file a case in a small claims court after an incident. These statutes of limitation include:
- Five years for written contracts
- Three years for oral contracts
- Two years for property damage
- Two years for personal injury
However, some statutes of limitations can be paused for a period in certain conditions. An example is an injury to a minor. In this case, the time begins counting after the child turns 18 years of age.
What Happens if You Don't Show Up for Small Claims Court in Kansas?
In Kansas, a defendant in a small claims case is notified of a lawsuit against them when a copy of the petition and summons is delivered by the sheriff, certified mail, or process server. Once the defendant has been served, they are expected to be present in court on the day of the hearing unless they cannot attend to a medical emergency or accident. Failure to appear will lead to the judge ruling against the defendant, and the party will be legally obligated to pay the judgment. However, the defendant can appeal this ruling within 14 days of the judgment.
What are Small Claims Court Records in Kansas?
Kansas small claims courts include petitions, summons, affidavits, motions, briefs, orders, final judgments, and transcripts of the proceedings of small claims courts in Kansas. These records are available to the public. The records may be stored in paper form or stored electronically and may include photographs, videotapes, and audiotapes.
Where Can I Find Kansas Small Claims Court Records?
Kansas court records are available to members of the public per the Kansas Open Records Act, except for cases that are exempt from disclosure. Small claims records can be accessed at the district court clerk's office in the county where the case was heard. Interested persons can carry out public searches of court records using a computer placed at each courthouse. They can also request documents from a case.
The contact details for district courts are available on the Kansas Judicial Branch website. The records are also available online using the Kansas District Court Public Access Portal.
It is also possible to access small claims court records through third-party websites that allow public records searches using case parties' names or other search criteria.
