Small claims court in Kansas (2026)
In Kansas you can sue for up to $10,000 in small claims. Court: District Court (Small Claims Procedure Act). Lawyers: limited. Appeal: either side, 14 days. For a broken written agreement you generally have 5 years to sue. Last checked .
Kansas small claims at a glance
- Most you can sue for
- $10,000
- Court
- District Court (Small Claims Procedure Act)
- Filing fee
- $47.5–$67.5
- Lawyers
- Limited
- Appeal
- Either side, 14 days
- Ask for payment first
- Not required by law
Can you sue in Kansas small claims?
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Kansas small claims limit
$10,000
Enter the amount to compare it with the limit.
The rule: Claims for money or personal property worth up to $10,000, not counting interest, costs, and bad-check damages under K.S.A. 60-2610. Assigned claims, claims owed to someone else, and subrogation claims are not small claims. No person may file more than 20 small claims in the same court in a calendar year.
Deadline to sue (general rule)
5 years for this kind of claim in Kansas. Enter the date it happened to see the last day.
Written contract: 5 years. Contract not in writing: 3 years. Taking, detaining, or injuring personal property, and trespass on real property: 2 years. Injury to the rights of another not arising on contract (including personal injury): 2 years.
Lawyers: Lawyers can take part only in limited cases.
Collectors: a company that bought or was assigned the debt can't use small claims court in Kansas.
Before you file: The Small Claims Procedure Act does not require a demand before filing. Filing certifies that the plaintiff is within the 20-claims-per-year limit.
Appeal: A notice of appeal must be filed with the clerk of the district court within 14 days after entry of judgment. The appeal is tried de novo before a different district judge; enforcement is stayed without a bond, and a winning appellee gets reasonable attorney fees.
Filing fee: Statutory docket fee is $35 for claims up to $500 and $55 for claims over $500, plus a Supreme Court surcharge of up to $12.50, so clerks charge $47.50 or $67.50 (Douglas County). 2026 HB 2393, signed April 3, 2026, amends 61-2704(c) to allow the surcharge on and after July 1, 2026, through June 30, 2030. Sheriff service is a separate $15 per address.
The deadline shown is the general statute of limitations counted from the date you entered. The real deadline can be later (for example when the problem was discovered later or the other side left the state) or earlier (a contract can shorten it, and claims against a government agency often need a written notice first, on a much shorter clock). If you are close to it, file now or ask a legal aid office. This is legal information, not legal advice.
Where to file and how much
- Court. Small claims are filed with the clerk of the district court in each county under the Small Claims Procedure Act, using Judicial Council forms. Local district court pages explain where and how to file.
- Limit. Claims for money or personal property worth up to $10,000, not counting interest, costs, and bad-check damages under K.S.A. 60-2610. Assigned claims, claims owed to someone else, and subrogation claims are not small claims. No person may file more than 20 small claims in the same court in a calendar year. (in force since July 1, 2024)
- Filing fee. Statutory docket fee is $35 for claims up to $500 and $55 for claims over $500, plus a Supreme Court surcharge of up to $12.50, so clerks charge $47.50 or $67.50 (Douglas County). 2026 HB 2393, signed April 3, 2026, amends 61-2704(c) to allow the surcharge on and after July 1, 2026, through June 30, 2030. Sheriff service is a separate $15 per address.
Who can sue and who can speak in court
- No party may be represented by a lawyer before judgment, unless another party uses a lawyer (or former lawyer) or is a lawyer representing themselves; then all parties may have lawyers. A party may appear by a full-time employee, officer, or other non-attorney representative.
- A collection agency or anyone who was assigned or bought the claim can't file it in small claims.
- Before you file. The Small Claims Procedure Act does not require a demand before filing. Filing certifies that the plaintiff is within the 20-claims-per-year limit.
- Jury and moving the case. All small claims trials are to the court (a judge). If a defendant's claim exceeds the small claims limit, the court may decide the whole claim or let the defendant reserve the excess for another court.
How long you have to sue in Kansas
The general statute of limitations, counted from the day the agreement was broken or the damage happened. Written contract: 5 years. Contract not in writing: 3 years. Taking, detaining, or injuring personal property, and trespass on real property: 2 years. Injury to the rights of another not arising on contract (including personal injury): 2 years.
| Kind of claim | Time to sue |
|---|---|
| Written contract | 5 years |
| Oral (spoken) agreement | 3 years |
| Damage to property | 2 years |
| Personal injury | 2 years |
Law: K.S.A. 60-511(1), 60-512(1), 60-513(a)(1), (2), (4)
After the hearing: appeals and collecting
- Who can appeal
- Either side can appeal.
- Kind of appeal
- A new trial in a higher court
- Deadline
- A notice of appeal must be filed with the clerk of the district court within 14 days after entry of judgment. The appeal is tried de novo before a different district judge; enforcement is stayed without a bond, and a winning appellee gets reasonable attorney fees.
- Collecting the money
- Unless paid, the judgment order requires the debtor to file a verified statement of property, employer, and bank accounts within 30 days of receiving the form; the creditor must mail it within 14 days of judgment. Garnishment or attachment is not allowed before judgment.
Good to know in Kansas
- No discovery or depositions are allowed (K.S.A. 61-2707(a)).
- A defendant's claim must arise from the same transaction or occurrence as the plaintiff's claim and is filed on the Judicial Council form; a defendant's claim over $10,000 is handled under K.S.A. 61-2706 (K.S.A. 61-2705, 61-2706).
- Filing more than 20 small claims in a year can lead to dismissal with prejudice and a Kansas Consumer Protection Act violation (K.S.A. 61-2714(d)).
- Fee surcharge: 2026 HB 2393 (signed April 3, 2026; in force on publication in the statute book) lets the Supreme Court charge up to $12.50 per docket fee on and after July 1, 2026, through June 30, 2030 (K.S.A. 61-2704(c)).
Official help and forms
- Kansas courts: small claims self-help
- Kansas small claims forms
- Write a demand letter before you file (free, stays in your browser)
Sources
- K.S.A. 61-2703 Definitions; small claim, amount (read October 18, 2026)
- K.S.A. 61-2704 Commencement; fees; limit on number of claims (read October 18, 2026)
- K.S.A. 61-2707 Trial; exclusion of attorneys (read October 18, 2026)
- K.S.A. 61-2709 Appeals (read October 18, 2026)
- K.S.A. 61-2714 Use of attorneys (read October 18, 2026)
- K.S.A. 60-511 Five years (read October 18, 2026)
- K.S.A. 60-512 Three years (read October 18, 2026)
- K.S.A. 60-513 Two years (read October 18, 2026)
- Kansas Judicial Branch Self-Help: Small Claims (read October 18, 2026)
- Douglas County Clerk of the District Court: Small Claims Information (read October 18, 2026)
- Kansas Legislature HB 2393 (2026) (read October 18, 2026)
Court information, not legal advice. Limits and fees change — confirm with the court before you file. How we check: methodology.
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