What is the maximum amount I can sue for in Kansas?
The Kansas small claims court limit is $5,000. This means that the maximum you can sue for in Kansas are these limits and if your dispute exceeds these amounts you cannot sue in small claims or will need to lower your claim or file in a higher court.
What is the Kansas small claims court statute of limitations?
The Kansas small claims court statute of limitations depends on each claim. If you have a written contract you have 5 years to make a claim. If your claim involves property damage you have 2 years, and if the claim is made from an oral contract you have 3 years or if dealing with personal injury the statute of limitations in Kansas is 2 years.
Where do I file my small claims case?
You need to file your small claims complaint where the defendant resides or in contract disputes, in the locale where the contract was signed. The appropriate court house may NOT be where you live.
How do I know if I should sue in Kansas small claims court?
The first thing you need to ask yourself is “do I have case?” Before you file a claim you should consider the following:
1. Is the amount of the claim worth your time to pursue?
2. Does the person you have a claim against have any possible claim against you?
3. Does the person you have a claim against have the ability to pay if you win?
4. Do you feel you have the ability to prosecute the claim without the help of an attorney?
5. Can your evidence convince a judge that you are in the right? In other words, are you making it easy for them, is it a clear cut case? Can you find any state statute, law or code violation to validate your case? If so, point this out!
What kind of cases can I sue for in Kansas small claims court?
These types of cases are generally heard in Small Claims courts:
-Breach of verbal or written contract
-Return of security deposit
-Broken or damaged property
-Doctor or hospital bills
-Other issues valued at $3000 or less (check your state below as this varies state to state)
Can I sue on behalf of someone else?
In most states an individual who represents a party to a small claims court action must complete and sign an “Authorization to Appear on Behalf of Party”- a form typically provided by the clerk of the small claims court or often found on their website. The representative must state that he/she is authorized to represent the party, and he/she must describe the basis for authorization (usually a letter from the represented party will suffice.)
What is a demand letter?
Before you file a small claims complaint with the court you are required to send a demand letter to the defendant. The defendant is the person you believe owes you money. A demand letter simply spells out that the defendant owes you money and you are requesting they pay the outstanding debt to you within 30 days. You can also fulfill the demand requirement by requesting via phone, email, or in person. By fulfilling this requirement in writing you are also able to show this request was made when compiling your evidence for court.
For more information on sending a demand letter, click here.
What do I do once I file a complaint?
Once you file a complaint you need to wait for the defendant to be served and for the paper work to be filed with the courts. The time for you to get a court date can vary from court to court as it depends on how backed up they are. Typically this can be a 2 month process.
What happens if the defendant does not show?
If the defendant does not show up the court can decide the case without them there. It is also possible for the other side to lose the case by default and a default judgment can be issued against them.
What happens if I win?
If you win you are entitled to the amount granted by the judge. The defendant does have 30 days to file an appeal. If there is no appeal, the losing party may voluntarily pay. It may become necessary to get the court to award a judgment, garnish wages or other necessary means.
What happens if I lose?
If you lose you may have to pay the other side’s costs and expenses (not including lawyer’s fees.)
How long does it take to learn if I win or lose?
The decision by the judge or arbitrator can vary court to court. In some instances you may get your decision by the end of the hearing. Often you will get your decision sent to you by mail.
How do I present evidence in a small claims case?
Presenting evidence is very important in proving your case to the judge or arbitrator. You want to make your case as simple as possible and clear that you are in the right. Speaking as little as possible is generally preferred. Make sure you have with you any documents, contracts, emails, pictures and any other necessary evidence to back up your case.
Is an attorney allowed in small claims court?
No. An attorney is not allowed in small claims court with you. The only was an attorney is allowed is if you are an attorney and you are representing yourself.
What if I need more time?
You can change the trial date if:
1. You cannot go to court on the scheduled date (you will have to pay a fee to postpone the trial) or
2. You did not get served at least 15 days before trial (or 20 days if you live outside the country) or
3. You need more time to get an interpreter. One postponement is allowed, and you will not have to pay a fee to delay the trial.
Disclaimer: Smallclaims.com is not a law firm, does not act as your attorney and is not a substitute for the advice of an attorney. Smallclaims.com helps you represent yourself in your own legal matters. If you seek representation, are involved in litigation or have complex legal issues that cannot be resolved on your own, we recommend that you hire an attorney. Smallclaims.com does its best to update to all rules and changes. Smallclaims.com is not held liable for information changes at the court level. Pleas