Kansas small claims
How to fill out the Kansas Small Claims Petition
Official form: Small Claims Petition · Walkthrough written against Petition, Small Claims Procedure K.S.A. 61-2701 (Kansas Judicial Council form; no revision code printed on the form)
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Get the official form from the court's site →Link verified 2026-07-04. If it has moved, the court's forms index and clerk's office will have the current version — verify with the court before filing.
What this form is
The Small Claims Petition is the form that starts a case under the Kansas Small Claims Procedure Act (K.S.A. 61-2701 et seq.) in the district court. It is a Judicial Council form used statewide; you file it — original plus two copies — with the clerk of the district court in the proper county.
Kansas small claims handles claims up to $4,000, not including interest, costs, and any damages awarded under K.S.A. 60-2610 (the worthless-check statute) — a limit stated in the form's own instruction 2. The petition covers two kinds of demands, each with its own checkline: payment of money, or recovery of described personal property valued by your own estimate.
Two features of the form stand out. It is signed under an unsworn declaration — "I hereby declare under penalty of perjury under the laws of the State of Kansas that to the best of my knowledge and belief the above claim ... is a just and true statement, exclusive of any valid claim or defense which the defendant(s) may have" — so no notary is involved. And its seven printed instructions carry the ground rules, including that except as provided by law neither party may appear with an attorney at the hearing (unless the other party is an attorney or an entity that uses one, which triggers a right to one continuance), and that no one may file more than twenty small claims in that court per calendar year.
The form, field by field
What each part of the form asks for, in the form's own order. These are descriptions of the questions — what to answer depends on facts only you know, and the court clerk or the form's own instructions are the authoritative sources.
The caption and parties
"DISTRICT COURT OF ___ COUNTY, KANSAS"
The county where you are filing. The case number is entered by the clerk.
Plaintiff's name, phone number, and address (city, state, zip)
Your identifying and contact information.
Defendant's name, phone number, and address (city, state, zip)
The person or business being sued; the address is where the defendant is served.
The claim statement
"Plaintiff, having read the instructions on the bottom of the petition, asserts the following claim against the above defendant:"
Space for the claim in your own words. Instruction 1 on the form says to state the claim in the space provided and be clear and concise.
The demand for judgment
Instruction 4 requires making a demand in one or both of the two spaces provided.
"___ Payment of $___, plus interest, costs, and any damages awarded under K.S.A. 60-2610."
The money demand: the amount claimed, with interest, costs, and worthless-check damages claimed by the pre-printed text rather than added into the number.
"___ Recovery of described personal property, plus costs — estimated value of property $___."
The property demand. Instruction 2 states that the value of property sought is based on your estimate, given under the same unsworn declaration under penalty of perjury.
Declaration, signature, and service election
Unsworn declaration and plaintiff's signature, with date executed
The penalty-of-perjury declaration quoted above, followed by the date and your signature. Instruction 7 confirms it: after completing the form you must sign it, and the signature is under unsworn declaration under penalty of perjury — no notarization.
"___ Request personal or residential service and not return receipt service. Service fee of $15.00"
A checkline electing personal or residential service (at the stated $15.00 fee) instead of return-receipt mail service.
The printed instructions (1–7)
Instructions to Plaintiff
The form's own rules: state the claim clearly and concisely (1); the total claim may not exceed $4,000, excluding interest, costs, and K.S.A. 60-2610 damages (2); you must be present in person at the hearing to avoid a default judgment on any counterclaim arising from the same transaction (3); you must make a demand in one or both demand spaces (4); except as provided by law, neither party may appear with an attorney unless the other party is an attorney or an entity that uses one in a representative capacity — in which case the other side is entitled to one continuance to get an attorney (5); no more than twenty small claims may be filed in that court per calendar year (6); and the form must be signed, under unsworn declaration under penalty of perjury (7).
Common reasons clerks reject this form
Clerks bounce filings for mechanical, fixable reasons. These are the patterns that come up with this particular form:
- ⚠Claiming more than $4,000 — instruction 2 caps the total claim, excluding interest, costs, and K.S.A. 60-2610 damages.
- ⚠Leaving both demand-for-judgment spaces unchecked — instruction 4 requires a demand in one or both.
- ⚠Filing unsigned — instruction 7 requires the signature, which serves as the unsworn declaration under penalty of perjury.
- ⚠Filing without the required copies — the clerk needs the original plus two copies to docket and serve the petition.
- ⚠Exceeding the twenty-filings-per-year limit — instruction 6 bars more than twenty small claims in that court in a calendar year.
- ⚠An incomplete defendant address — service (return-receipt mail, or the $15 personal/residential option) depends on it.
What filing costs, and where it happens
Kansas small claims docket fees are set by statute (K.S.A. 61-2704): $35 for claims of $500 or less and $55 for claims over $500, with a court surcharge added on top — Shawnee County's district court, for example, publishes totals of $47.50 and $67.50 for the two tiers. The optional personal or residential service election on the form adds $15. Fee totals differ slightly by county because of the surcharge — verify the current amount with the clerk of the district court before filing.
You file the original and two copies with the clerk of the district court in the proper county. The court arranges service on the defendant — by return-receipt mail unless you check the personal/residential service line — and sets the hearing. Instruction 3 on the form is worth noting when planning: the plaintiff must be present in person at the hearing to avoid a default judgment on any counterclaim the defendant raises out of the same transaction.
Published fees and court locations for your county are in our Kansas small claims guide and the court directory. Fees change — verify the current amount with the clerk before filing.
Frequently asked questions
Where do I get the Kansas Small Claims Petition?
From the Kansas Judicial Branch (kscourts.gov) — the official PDF is free and linked on this page, and district court clerk offices provide copies. It is a Kansas Judicial Council form used statewide.
How much can I sue for in Kansas small claims?
Up to $4,000, not including interest, costs, and any damages awarded under K.S.A. 60-2610 — the limit printed in the form's own instruction 2.
Can I bring a lawyer?
The form's instruction 5 states that, except as provided by law, neither party may appear with an attorney at the hearing — unless the other party is an attorney or is a corporation or entity that uses an attorney in a representative capacity, in which case the other side is entitled to one continuance to obtain an attorney. Kansas small claims is built for self-representation.
Does the petition need to be notarized?
No. Your signature is given under an unsworn declaration under penalty of perjury under Kansas law — the declaration text is printed on the form, and no notary block exists.
Is there a limit on how many small claims I can file?
Yes — instruction 6 on the form bars filing more than twenty claims under the Small Claims Procedure Act in that court during any calendar year.
Related guides
Form link verified: 2026-07-04. Reviewed against our Editorial Standards.
This is general information to help you understand the form — not legal advice, and not a substitute for advice from a licensed attorney about your specific situation. Courts revise forms, fees, and procedures; the court's own instructions and your court clerk are the authoritative sources. Always verify with the court before filing.