Kansas Small Claims
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Table of Contents
Small claims courts in Kansas offer a straightforward way to settle civil disputes involving $10,000 or less quickly. These civil disputes include unpaid loans or invoices, disagreements over security deposits, simple contract problems, and minor property damage.
In Kansas, these small claims are processed in the District Court according to theSmall Claims Procedure Act.
What Is a Small Claims Court in Kansas?
In Kansas, a small claim is a civil suit seeking to recover money or personal property in which the amount in question or the value of the property does not exceed $10,000. For replevin actions, the verified petition that establishes the property's value will determine its value for jurisdictional purposes.
The rules governing small claims in Kansas are outlined inK.S.A. 60-2610 and its amendments. The process is informal and is determined by a judge.
Small Claims Court Limits in Kansas
In Kansas, the limit for small claims court is$10,000 or less, excluding interest, court costs, and certain statutory damages. This limit was raised by the legislature in 2024 and applies to money claims or replevin. If your claim goes over this limit, you can choose to waive the extra amount to stay in small claims court or file in a different civil court.
Under the law, individuals can represent themselves in small claims court. Kansas small claims court trials are held before a judge, not a jury.
How to File a Small Claims Case in Kansas
1) Confirm venue. You can file in the District Court located in the county where the defendant lives, conducts business, or where the issue originated. Local clerks and court pages can assist you in finding the right courthouse.
2) Use official forms. TheKansas Judicial Council provides small-claims packets and forms. These include petition, summons, civil cover sheet, request for service, and post-judgment forms. These forms can be filled out and downloaded for free.
3) Filing fees. Thefiling fees are determined by a statewide schedule and are collected by the clerk. Many districts have two different tiers. For example, the filing fee for claims up to $500 is $47.50, and for claims between $500 and $10,000, it is $67.50. Be sure to check your local court’s website for the latest amounts and any fees for sheriff's or process server services.
4) Serve the defendant properly. In Kansas, you can deliver documents using several methods that provide proof of receipt. These include certified mail, priority mail, a commercial courier, or overnight delivery. You can also ask the sheriff or an authorized server to deliver the documents in person. It is essential to provide proof of service, including the name of the person served, the date and place of delivery, and the name of the person who delivered it. If you need help, your clerk can send the certified mail for you.
5) Bring the right parties. It is important to note that no attorney may participate in a small claims case in Kansas. Individuals can represent themselves, while businesses can be represented by a non-lawyer officer or a full-time employee.
6) Keep an eye on limits on filings. The Kansas Small Claims Procedure Act imposes restrictions on those who file many cases and on assigned claims. It is always best to check the statute before filing many cases each year.
Small Claims Courts in Major Kansas Cities (examples)
In Kansas, small claims are filed with the Clerk of the District Court in each county. Here are some frequently used locations:
- Wichita (Sedgwick County District Court): Sedgwick County Courthouse, 525 N. Main St., Wichita, KS 67203. The small-claims page of the court verifies the $10,000 limit and outlines hearing details.
- Olathe (Johnson County District Court): Johnson County Courthouse, 150 W. Santa Fe St., Olathe, KS 66061.It is always good to reach out to the clerk for local hours and filing information.
- Topeka (Shawnee County District Court): 200 SE 7th St., Room 209, Topeka, KS 66603. The court's small-claims page lists contacts and procedures.
- Kansas City, KS (Wyandotte County District Court): Wyandotte County Courthouse, 710 N. 7th St., Kansas City, KS 66101. The district has a specific Small Claims and Limited Actions section that includes office location and hours.
What to Expect at a Small Claims Hearing in Kansas
Once you file and serve the documents correctly, the court will quickly schedule a hearing with a district judge or magistrate. This hearing is casual and led by the judge. You will be required to share a brief story about the case backed up by contracts, receipts, photos, texts, or emails, and any witnesses you have.
Note that the other party is allowed to reply and might even file a counterclaim. Since lawyers are not permitted before judgment, make sure to be clear and organized. Many judges will announce their decisions during the hearing or soon after.
Either side can appeal within 14 days after the judgment by submitting a Notice of Appeal to the district court clerk. The case will be heard again (a fresh hearing) by a different district judge, and you can have a lawyer represent you during the appeal.
After the judgment, if the losing side does not pay up, it is your responsibility to collect the money through wage or bank garnishment. You can get post-judgment forms (such as the Statement of Assets and Request for Citation for Contempt)from the Judicial Council.
How to Search for Small Claims Records in Kansas
Small-claims case registers are public unless sealed. You can typically view case number, parties, filings/docket entries, hearing dates, and judgment/disposition.
- Kansas District Court Public Access Portal (official). You can search records via the Public Access Portal. The state website indicates which courts are currently active and the date ranges they cover. Records that are restricted by law or rule will not be available online
- At the courthouse. Every district court in the state provides free public access terminals. You can ask for copies or certified copies from the clerk. Local sites (like Douglas County) also provide direct links to the portal and detail how to make requests in person.