Kansas Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in Kansas: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for Kansas
- Small claims limit
- $10,000, exclusive of interest, costs and any damages awarded under K.S.A. 60-2610, for recovery of money or personal property. K.S.A. 61-2703(a)
- Filing fee
- Docket fee of $35 for claims of $500 or less and $55 for claims over $500; this is the only cost required to file. A judge may waive the fee for good cause. K.S.A. 61-2704
- Are lawyers allowed?
- Generally no. No party may be represented by an attorney before judgment; a party may appear through a full-time employee, officer or other non-attorney representative. If any party uses a representative who is or was an attorney, or an attorney represents himself or herself, all other parties may have an attorney, and the court must grant one reasonable continuance to hire counsel. K.S.A. 61-2707; K.S.A. 61-2714
- Appeals
- Any party may appeal by filing a notice of appeal with the district court clerk within 14 days after judgment. The appeal is heard de novo (a new trial) by a different district judge. Enforcement is stayed during the appeal period and appeal without a supersedeas bond. If the appellee wins, the court awards reasonable attorney fees for the appeal. K.S.A. 61-2709
Court: District Court (small claims procedure). Last verified: 2026-10-24.
How to file a small claims case in Kansas
- Confirm your claim is for $10,000 or less, is your own (not assigned) claim, and that you have not filed 20 small claims in that court this year.
- Fill out the judicial council small claims petition form and file it in a county with proper venue, paying the $35 or $55 docket fee (or asking for a waiver).
- Have the defendant served within 90 days of filing.
- The defendant may file a defendant's claim on the judicial council form if it arises from the same transaction.
- Present your case to the judge yourself; attorneys cannot appear before judgment unless the other side uses one.
- Any party may appeal within 14 days for a new trial before a different district judge.
- If you win, mail the judgment and disclosure form to the debtor within 14 days; the debtor must disclose assets within 30 days.
Can you use small claims court?
| Small claims limit | $10,000, exclusive of interest, costs and any damages awarded under K.S.A. 60-2610, for recovery of money or personal property. Source: K.S.A. 61-2703(a) |
|---|---|
| Who can file | Individuals, partnerships, LLCs, corporations and other organizations may file. Assigned claims, claims on debts owed to someone else (unless the filer is a full-time employee or officer of the creditor) and subrogation claims are not small claims. No person may file more than 20 small claims in the same court in a calendar year. Source: K.S.A. 61-2703; K.S.A. 61-2704 |
| Are lawyers allowed? | Generally no. No party may be represented by an attorney before judgment; a party may appear through a full-time employee, officer or other non-attorney representative. If any party uses a representative who is or was an attorney, or an attorney represents himself or herself, all other parties may have an attorney, and the court must grant one reasonable continuance to hire counsel. Source: K.S.A. 61-2707; K.S.A. 61-2714 |
Filing your case
| Where to file | Venue follows the general limited-actions venue rules (K.S.A. Chapter 61, Article 34), except that the county where the claim arose is proper only if the defendant's residence in that county at that time is affirmatively shown. Source: K.S.A. 61-2708 |
|---|---|
| Filing fee | Docket fee of $35 for claims of $500 or less and $55 for claims over $500; this is the only cost required to file. A judge may waive the fee for good cause. A Supreme Court surcharge authorized through June 30, 2025 may be extended by later legislation; confirm the current total with the clerk. Source: K.S.A. 61-2704 |
| Serving the defendant | The action is treated as started on filing if service of process (or first publication) is obtained within 90 days; a defendant's entry of appearance has the same effect as service. Source: K.S.A. 61-2704 |
Before and at the hearing
| Does the defendant file an answer? | Only the pleadings provided by the act are allowed: the plaintiff's claim on the judicial council form and any defendant's claim. A separate written answer is not provided for. Source: K.S.A. 61-2705 |
|---|---|
| Counterclaims | A defendant's claim arising from the same transaction or occurrence must be filed on the judicial council form; unrelated claims cannot be heard. If a defendant's claim exceeds $10,000 and is within the court's general jurisdiction, the court may decide the whole claim; otherwise the defendant may reserve the claim for another court, or claim up to $10,000 and either reserve or waive the excess. |
| Jury trial | No. All small claims are tried to the court (a judge). Source: K.S.A. 61-2707 |
After the decision
| Appeals | Any party may appeal by filing a notice of appeal with the district court clerk within 14 days after judgment. The appeal is heard de novo (a new trial) by a different district judge. Enforcement is stayed during the appeal period and appeal without a supersedeas bond. If the appellee wins, the court awards reasonable attorney fees for the appeal. Source: K.S.A. 61-2709 |
|---|---|
| Collecting your judgment | No attachment or garnishment may issue before judgment. After judgment, the creditor must mail the judgment and a disclosure form to the debtor within 14 days and file proof of mailing; the debtor must file a verified statement of property, assets, employment and financial accounts within 30 days, and the court may punish a failure to comply as contempt. Source: K.S.A. 61-2707 |
Deadline to sue
5 years for an action on any written agreement, contract or promise, such as a written lease; 3 years for contracts, obligations or liabilities not in writing, such as an oral lease. K.S.A. 60-511(1); K.S.A. 60-512(1)
Suing a landlord or tenant in Kansas
Tenants commonly use small claims to recover security deposits and landlords to recover unpaid rent or damage up to $10,000. Attorneys generally cannot appear for either side before judgment.
- Kansas security deposit demand letter (send before you sue)
- Kansas security deposit law
- Tenant lawyers and free legal aid in Kansas
Kansas small claims FAQ
What is the small claims limit in Kansas?
Who can file a small claims case in Kansas?
Can you bring a lawyer to small claims court in Kansas?
Where do I file a small claims case in Kansas?
How much does it cost to file in small claims court in Kansas?
How do I serve the other side in a Kansas small claims case?
Does a defendant have to file an answer in Kansas small claims court?
Can the defendant file a counterclaim in Kansas small claims court?
Is there a jury in Kansas small claims court?
Can you appeal a small claims decision in Kansas?
How do I collect a small claims judgment in Kansas?
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.