Kansas Small Claims Court: $10,000 Limit, Fees and How to File

In Kansas, you can sue for up to $10,000 in small claims court. The limit comes from K.S.A. 61-2703(a), which covers claims for money or personal property that do "not exceed $10,000, exclusive of interest, costs and any damages awarded pursuant to K.S.A. 60-2610." A 2024 amendment (L. 2024, ch. 22) raised the limit from $4,000.

Small claims cases are handled in the district court under the Small Claims Procedure Act (K.S.A. 61-2701 to 61-2714), an alternative procedure within the code of civil procedure for limited actions. This guide walks through a Kansas case in the order you will live it. For other states, see our guide to small claims court by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers small claims in the Kansas district courts under the Small Claims Procedure Act, K.S.A. 61-2701 to 61-2714. It does not cover evictions, regular limited actions or chapter 60 civil cases, or small claims in other states.

Kansas small claims limit: $10,000

A small claim is a claim for money or personal property worth no more than $10,000, not counting interest, costs and any damages under K.S.A. 60-2610 (K.S.A. 61-2703(a)). In a replevin case, where you ask for specific personal property back, the value stated in your verified petition controls. The Kansas Judicial Branch self-help page agrees: "Small claims court only handles simple cases involving money or property worth up to $10,000."

The current figure comes from L. 2024, ch. 22, which amended the section effective July 1; the 2022 version of the statute read $4,000. The revisor's 2026 statute pages show no later amendment to K.S.A. 61-2703 or 61-2704.

Claims that are not small claims

K.S.A. 61-2703 says a small claim does not include:

• an assigned claim,
• a claim owed to another person, unless you are that person's full-time employee or officer, or
• a subrogation claim.

This matters: a judgment on a claim that is not a small claim is void and cannot be enforced (K.S.A. 61-2707(c)). "Person" includes individuals, partnerships, LLCs, corporations and other entities.

The 20-claim yearly cap

"No person may file more than 20 small claims under this act in the same court during any calendar year" (K.S.A. 61-2704(b)). Filing a claim counts as your certification that you are within the cap. If a defendant proves you went over, the court dismisses the claim with prejudice, and the violation counts as a Kansas Consumer Protection Act violation (K.S.A. 61-2714). A judgment on a claim filed over the cap is void.

If your claim is worth more than $10,000

K.S.A. 61-2706(a) gives the court three options when a plaintiff asks for more than the limit:

• dismiss the case without prejudice, at the plaintiff's cost,
• let the plaintiff amend the claim down to the limit and "thereby waive the right to recover any excess," or
• if the amount is within the court's general jurisdiction, let the plaintiff amend to start a regular limited action under K.S.A. 61-1703.

Waiving the excess means giving that money up for good. The act text we reviewed does not address splitting one debt into several small claims.

Every claim must also be filed within the legal deadline for that type of claim. See our guide to the Kansas statute of limitations.

Filing fees

The statute sets a docket fee of "$35 if the claim does not exceed $500; or $55 if the claim exceeds $500," and that docket fee is the only cost required in the action (K.S.A. 61-2704(b)). On top of it, courts collect a surcharge, so the totals you will actually pay are higher:

These totals come from the Kansas Judicial Branch's district court fee page. Johnson County adds $1.50 and Sedgwick County adds $2.00 to all cases. Ask the clerk to confirm the current total before you file. Sheriff service fees and certified mail postage are extra and can vary by county.

Fee waiver

A judge can waive the docket fee "for good cause shown" (K.S.A. 61-2704(b)). The Judicial Branch says you "can fill out a Poverty Affidavit to ask for a waiver of all or part of the fees."

Filing the case

The plaintiff files a petition on the Judicial Council's small claims form. A Kansas Supreme Court administrative order dated April 29, 2025 (2025-RL-045), issued as a temporary rule, lets self-represented litigants file small claims in person, by mail, by fax or by drop box. Because it is temporary, ask the clerk which filing methods your court accepts.

Lawyers in Kansas small claims

Kansas is stricter than most states: "no party in any such action shall be represented by an attorney prior to judgment" (K.S.A. 61-2707(a)). There is one exception. If any party uses a lawyer (including a lawyer representing themselves, or a former lawyer acting as a representative), every other party may have one too. The court must tell the other parties about that right and grant one reasonable continuance on request (K.S.A. 61-2714).

A party may appear through a full-time employee or officer or another non-lawyer representative. Lawyers may appear on appeal.

The act also keeps the case simple: there is no discovery and no depositions, and no attachment or garnishment before judgment.

Where to file

Venue follows the general limited-actions venue rules (K.S.A. 61-3402), with one small claims twist (K.S.A. 61-2708). Against a Kansas resident, you can usually file:

• in the county where the defendant lives,
• in the county where you live, if the defendant is served there,
• in the county where the defendant has a place of business or employment, if served there, or
• in the county where the claim arose, but in small claims only if the defendant lived in that county when the claim arose.

Serving the defendant

The sheriff of the county where you file serves the papers, unless a party chooses to handle service (K.S.A. 61-3003). Service can be by return receipt delivery (certified mail, priority mail, commercial courier, overnight delivery or another reliable method with a receipt) or by personal or residential service.

Timing matters. The action counts as started on the filing date only if service is obtained within 90 days after filing; otherwise it starts on the date of service (K.S.A. 61-2704(a)).

If you are the defendant

You do not file a formal answer. The only pleadings are the plaintiff's petition and, if you have your own claim against the plaintiff arising from the same transaction or occurrence, your statement of claim on the Judicial Council form. If your claim is within the small claims limit, you must file it in the case; if it is larger, filing it there is optional.

The court has no power under the act to hear a defendant's claim that does not arise out of the same transaction or occurrence (K.S.A. 61-2705). If your related claim exceeds $10,000 but is within the court's general jurisdiction, the court may decide the whole claim. If the court declines to, K.S.A. 61-2706(b) lets you:

• ask for no judgment and keep your whole claim for a separate lawsuit,
• ask for up to $10,000 and keep the rest for later, or
• ask for up to $10,000 and give up the rest.

You can also raise the 20-claim cap as a defense if you believe the plaintiff filed too many small claims in that court this year.

Before any default judgment against a defendant who does not appear, the Servicemembers Civil Relief Act requires the plaintiff to file an affidavit stating whether you are in military service (50 U.S.C. § 3931). If a default judgment is entered because you did not appear by the time in the summons, the deadline to ask the court to set it aside is short: 14 days from the judgment if you were personally served in Kansas, or 45 days if you were served another way. A motion to set aside any other default judgment is due within 14 days (K.S.A. 61-3301(c), which applies to small claims through K.S.A. 61-2702). If you were never served, the court can set the default aside for good cause under K.S.A. 60-260(b) (K.S.A. 61-3301(d)).

The hearing

The trial is to the judge, with no jury. Local court pages add practical rules. The 16th Judicial District's page, for example, says "Hearsay and written statements are not permitted," and that witnesses may be subpoenaed through the clerk if requested at least 7 days before trial, with a witness fee of $10 per day plus mileage. Those are one district's instructions, so check your own district's small claims page. Clerks cannot give legal advice.

Appeals: 14 days, new trial

Any party may appeal a small claims judgment. File a notice of appeal with the district court clerk "within 14 days after entry of judgment," and serve it on the other parties (K.S.A. 61-2709). The appeal is perfected when the notice is filed.

The appeal is "tried and determined de novo before a district judge, other than the judge from which the appeal is taken," so the case is heard again from the start. Further appeal goes to the appellate courts under chapter 60, article 21.

• Collection pauses. Enforcement is stayed during the appeal period and the appeal without a supersedeas bond.
• Lawyers allowed. Attorneys may appear on appeal.
• Fee risk. If the party who won below (the appellee) wins again, the court awards reasonable attorney fees on appeal as costs, which the appellant may have to pay.
• Appeal fee. The 16th Judicial District's page lists a $195 filing fee for an appeal, the same as the statewide civil filing fee; confirm with your clerk.

A 16th Judicial District page says to appeal within 10 working days; the statute says 14 days. Follow the statute, and file as early as you can.

Collecting a Kansas small claims judgment

A judgment does not guarantee payment, and the court does not collect the money for you. Kansas does build one collection step into the judgment itself (K.S.A. 61-2707(b)):

• When entering judgment, the judge orders the debtor, unless the judgment is paid, to file a sworn statement listing property, employer, account numbers, financial institutions and real property "within 30 days after receipt of the form."
• The creditor must mail the judgment form and asset form to the debtor within 14 days and file proof of mailing.
• The clerk mails the completed form to the creditor and keeps no copy. A debtor who does not comply can be held in contempt on the creditor's motion.

Once enforcement is no longer stayed, collection tools under chapter 60 include execution, garnishment and a hearing in aid of execution (listed at $12.50 on the court fee page).

Interest

Kansas judgment interest is set by K.S.A. 16-204(e). For judgments under the regular code of civil procedure, the rate is 4 percentage points above the discount rate as of the preceding July 1; the Secretary of State lists 7.75% for judgments rendered July 1, 2026 through June 30, 2027. But K.S.A. 16-204(e)(2) sets 12% per year for judgments under the code of civil procedure for limited actions, and small claims are processed under that code (K.S.A. 61-2702). We did not find a court statement on which rate applies to small claims judgments, so ask the clerk or a lawyer.

How long a judgment lasts

A Kansas judgment becomes dormant if no renewal affidavit is filed and no execution is issued within 5 years of its entry (or of the last renewal or execution). A dormant judgment stops being a lien on real estate. It can be revived by a motion filed within two years after it became dormant (K.S.A. 60-2404); after two years of dormancy the judge must release it of record on request (K.S.A. 60-2403).

Protected property

Some property and income cannot be taken. Kansas exemptions are in chapter 60, article 23, including the homestead exemption in K.S.A. 60-2301, and federal law shields Social Security (42 U.S.C. § 407(a)) and VA benefits (38 U.S.C. § 5301(a)(1)). For how those work, see our guide to Kansas debt collection laws.

When small claims is the wrong court

A negligence claim against the federal government or a federal employee acting on the job is not a small claims case. Federal district courts have exclusive jurisdiction over those claims (28 U.S.C. § 1346(b)(1)), and the claim must first be presented to the agency (28 U.S.C. § 2675(a)).

Official forms and self-help

• Kansas Judicial Branch self-help: Small Claims, with links to the Judicial Council's small claims forms and instructions and to local district pages.
• District court filing fees
• Small Claims Procedure Act, K.S.A. 61-2701 to 61-2714 on the Revisor of Statutes site.
• Judgment interest rate table from the Kansas Secretary of State.

Related

• Small claims court by state
• Kansas statute of limitations
• Kansas debt collection laws
• Kansas landlord-tenant laws
• Missouri small claims court
• Colorado small claims court

Disclaimer: This article provides general legal information about Kansas small claims under the Small Claims Procedure Act, K.S.A. 61-2701 to 61-2714, and the other Kansas and federal laws cited above, verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact the district court clerk's office, a legal aid office, or a lawyer licensed in Kansas.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in Kansas?

$10,000, exclusive of interest, costs and any damages under K.S.A. 60-2610, under K.S.A. 61-2703(a).

Is the Kansas small claims limit still $4,000?

No. A 2024 amendment (L. 2024, ch. 22) raised the limit in K.S.A. 61-2703 from $4,000 to $10,000, and the Kansas Judicial Branch self-help page lists $10,000.

Can I sue for more than $10,000 in small claims in Kansas?

No. If you ask for more, the court can dismiss the case without prejudice, let you amend down to the limit and waive the excess, or let you convert it to a regular limited action if the amount is within the court's jurisdiction (K.S.A. 61-2706(a)).

How much does it cost to file small claims in Kansas?

The Kansas Judicial Branch lists $47.50 for claims of $500 or less and $67.50 for $500.01 to $10,000, including surcharges. Johnson County adds $1.50 and Sedgwick County adds $2.00.

Can I bring a lawyer to small claims court in Kansas?

Not before judgment, unless the other side has a lawyer. If one party uses a lawyer, every other party may too, and the court must grant one reasonable continuance on request (K.S.A. 61-2707(a)). Lawyers may appear on appeal.

How many small claims can I file in Kansas?

No more than 20 in the same court in a calendar year (K.S.A. 61-2704(b)). A claim filed over that limit is dismissed with prejudice if the defendant proves it.

How long do I have to appeal a Kansas small claims judgment?

14 days after entry of judgment, by filing a notice of appeal with the district court clerk (K.S.A. 61-2709). Some local court pages still mention 10 working days, but the statute says 14 days.

Can a collection agency sue in Kansas small claims?

Not on an assigned claim. K.S.A. 61-2703 says a small claim does not include an assigned claim or a claim owed to another person unless the filer is that person's full-time employee or officer.

How long does a Kansas judgment last?

A judgment becomes dormant if no renewal affidavit is filed and no execution issues within 5 years. A dormant judgment is no longer a lien on real estate. It can be revived by a motion filed within two years after it became dormant (K.S.A. 60-2404); after two years of dormancy the judge must release it of record on request (K.S.A. 60-2403).