Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
1–3 weeks before filing
Kansas doesn't require a demand before you file, but a written request for payment is good evidence and may settle the matter.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In Kansas you can sue for up to $10,000 in the Small Claims in the Kansas District Court.
Run the 60-second case check to see the last day you can file.
Use the company's exact legal name and serve its resident agent.
1–2 evenings
SC Petition: Small Claims Petition (Kansas Judicial Council form). Get the form.
Sign the Petition and the Self-Represented Litigant Certification Form; the clerk will tell you if anything must be notarized.
Bring the original and one copy for each defendant, plus one for yourself.
Filing day
Choose how you'll file:
The district court of a county where the defendant lives, where you live (if the defendant is served there), where the defendant works (if served there), where the property is, or where the claim arose while the defendant lived there. Corporations and out-of-state defendants have extra options.
$47.50 for claims up to $500 and $67.50 above that (a $35 or $55 docket fee plus a $12.50 surcharge). Some counties charge a little more; Sedgwick County charges $49.50 and $69.50. Sheriff service in Kansas costs $15 per defendant. Can't afford it? Ask for a fee waiver: Poverty Affidavit (Kansas Judicial Council form).
The clerk gives you a case number and a hearing date to put on the Summons. The sheriff, a process server or certified mail then delivers the Summons and Petition to the defendant.
Right after filing
The sheriff can serve the papers ($15 in Kansas), or use certified mail or a private process server. The clerk has a service packet that explains each option.
The defendant must be served before the hearing date on the summons. If they weren't served in time, ask the court to move the date.
Return of service, or the certified-mail return receipt (green card)
The sheriff files the return after serving. If you used certified mail, file the green card with the court.
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
1–4 weeks before
The defendant answers by coming to the hearing on the date in the Summons. A related counterclaim must be filed on the Judicial Council's defendant's claim form.
If you settle, tell the court in writing and file a dismissal.
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
Ask the clerk to issue a subpoena for a witness; it must be served before the hearing.
Hearing day
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If a properly served defendant doesn't come, the judge can enter a default judgment for you. If you don't come, your case can be dismissed and you can lose any claims against you by default.
Weeks to months
Either side can appeal within 14 days after judgment. A different district judge hears the whole case again. Lawyers are allowed, and if the side that won the first trial wins again, the court must award them reasonable attorney fees.
The court doesn't collect for you. Within 14 days after judgment, mail the debtor the Statement of Assets form; they must return it within 30 days. Then you can garnish wages or a bank account.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.
Kansas Judicial Council small claims forms and Kansas Legal Services