What follows is a brief but informative summary of rules, procedures, and filings requirements for small claims court in Kansas. Keep in mind that rules and laws change. It’s always a good idea to confirm the rules with the court or with further research.
Maximum Jurisdictional Dollar Amount: The maximum dollar amount is $4,000.
Where Suit May Be Brought: Case may be brought where the defendant resides, does business, or where injury occurred. A corporation is deemed to reside where it does business or maintains registered office or resident agent.
Proper Manner of Service of Process upon Defendant: Service may be made by Sheriff, deputy, attorney or court-approved adult, certified mail.
How the Hearing Date Is Selected: The hearing date is set by the court.
Attorney Representation Rule: Generally attorney are not allowed, but if one party uses an attorney or is an attorney all parties shall have the opportunity to have an attorney.
Special Provisions Regarding Transfer or Jurisdiction of Cases: If defendant counterclaims for more than $4,000 but less than dollar limit of District Court, judge will decide case or allow defendant to transfer to court of competent jurisdiction.
Availability of Appeals: Either litigant may appeal for a new trial to District Court within 10 days.
Special Rules and Notes: Limit of 10 claims a year per plaintiff. Right to sue may not be transferred. No discovery is allowed. Collection agents may not sue. Replevin may be granted if value of property is $4,000 or less. Jury trials are not allowed.
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Michael Spadaccini is the author of 8 books on self-help legal matters such as, Ultimate LLC Compliance Guide: Covers All 50 States (Ultimate Series), Ultimate Book of Forming Corps, LLCs, Partnerships & Sole Proprietorships, and Ultimate Guide to Forming an LLC in Any State, Second Edition (Ultimate Series).
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