Kansas Small Claims Forms - Kansas Small Claims Court Forms

Kansas Small Claims Court FAQ Kansas Small Claims Court

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

What Is a Small Claims Court?

A small claims court is a place where individuals can resolve disputes over small amounts of money without hiring an attorney. In Kansas, a small claims court is similar to other states. It is a local court where people can bring legal claims for up to $4,000. The purpose of a small claims court is to provide a quick and accessible way for people to settle their small disputes without going through a lengthy and expensive legal process. In Kansas, individuals can bring various types of cases, such as unpaid bills, property damage, or breach of contract, to the small claims court. The court's goal is to reach a fair decision by listening to both parties and considering the evidence presented.

Why File a Small Claims Case?

Filing a small claims case could be helpful when you have a disagreement with someone, but the amount of money involved is not too large. In Kansas, small claims court is a good option because it allows individuals to seek a resolution without the need for hiring expensive lawyers or going through complicated legal processes. It's basically a way to solve your problem in a simpler and more affordable manner. Small claims court in Kansas provides an opportunity for people to present their case to a judge and have a fair decision made to resolve their dispute. So, if you find yourself in a minor disagreement and need a quick and cost-effective solution, filing a small claims case in Kansas may be the way to go.

Small Claims Court Limits for Each State

Small Claims Court is a place where people can go to resolve legal disputes involving small amounts of money. Each state has its own set of rules and limits for small claims cases. These limits determine the maximum amount of money that can be claimed in these courts. In Kansas, the maximum limit for small claims cases is $4,000. This means that if someone is seeking compensation for damages or unpaid debts that are less than or equal to $4,000, they can take their case to a small claims court in Kansas. These courts provide a simpler and more accessible way for individuals to resolve their legal conflicts without the need for hiring expensive lawyers or going through lengthy and complex legal processes.

Small Claims Demand Letter Example

A small claims demand letter is a letter that someone writes to request payment or resolve a dispute in a small claims court. In Kansas, this letter should clearly state the problem, explain why the person believes they are owed payment or resolution, and provide any supporting evidence or documentation. It's important to use simple and clear language in the letter, as well as state that if the issue is not resolved, the sender may file a lawsuit in small claims court. The purpose of the letter is to inform the other party of the problem and give them a chance to resolve it before legal action is taken.

Filing a Small Claims Case in 5 Steps

If you're in Kansas and want to file a small claims case, follow these 5 simple steps. First, gather all relevant information and documents, like receipts, contracts, or emails. This will paint a clear picture of your case. Next, visit your local courthouse and request a small claims petition form. Fill it out completely, explaining your claim and the amount you're seeking. Then, make copies of the form and any supporting documents for yourself and the defendant. Pay the filing fee, usually around $40, and submit your completed forms to the court clerk. Lastly, deliver a copy of the documents to the defendant through certified mail or personal service. Congrats, you've successfully filed a small claims case in Kansas!