Frequently Asked Questions

Any party has the right to appeal by filing a “Notice of Appeal” with the Clerk of the District Court within ten (10) days of the date judgment is entered. A filing fee of $195.00 must accompany the Notice of Appeal. A new trial will be held before a district court judge other than the judge from whom the appeal is taken. Either party may be represented by an attorney at the new trial. If you appeal but do not prevail you will be required to pay the reasonable attorney’s fee of the other party.

You may hire an attorney to help you collect the judgment or you may attempt to collect the judgment yourself. When judgment is granted in your favor, you are given a “Judgment Debtor’s Statement of Assets” form to help in the collection process. Unless an appeal has been filed or full payment has been made within 15 days of the date of judgment, the judgment creditor may send this form to be completed:

1. Send a copy of the journal entry of judgment and the blank “Judgment Debtor’s Statement of Assets” form to the judgment debtor.
2. File proof of mailing with the Clerk of the District Court. The debtor has 30 days to either pay the judgment or complete the “Judgment Debtor’s Statement of Assets” form and return it to the creditor. 

If the debtor does not pay the judgment or return the statement, the creditor may request that the debtor be called into court to show cause why he or she should not be punished for contempt of court. The Clerk of the District Court has a form for this procedure that you will need to complete.

To file a case, you must fill out a petition which states your name and address, the name and address of the person you are suing, the amount of money you claim or the property you seek to have returned to you, and the reasons you are asking for the money or property.

Your petition must be filed in the office of the Clerk of the District Court. When you go to the clerk’s office to file your petition, you should bring with you the required filing fee and you should know the following information:

1. The exact amount you want to recover, including interest you claim is owed.
2. The exact description of property you seek to recover.
3. The name and address of the person you are suing, or if a business, the exact name and address of the owner of the business.
4. A description of the incident or event which gave rise to your claim.

If you decide to use the small claims procedure, you may obtain forms form the Clerk of the District Court. You may fill out the petition and summons at the clerk’s office or you may take the forms home to complete and file later. The petition must be typed or printed legibly. You will be charged for copying expenses if any insufficient numbers of copies are furnished.

The sheriff must be able to locate the person to be sued so he or she can be legally served with the summons to appear in court. It is your responsibility to provide the correct addresses on the forms.

*The court will only have jurisdiction to hear the case if the defendant is actually served.

The filing fee will NOT be refunded even if service is not obtained.

Claims may not be greater than $4,000.00, plus interest, costs, and any special damages or penalties provided by law.

A trial date will be set at the time the petition is filed. The sheriff will attempt to serve the defendant at the address you’ve provided on your petition and summons. If the defendant cannot be located, the trial will be canceled. If you subsequently find another address where the defendant may be served, you must fill out an alias summons (second summons) and the sheriff will then try to serve the defendant again

If you are sued and you agree that you owe the other party money or property, you may pay what you owe or return the property and you will not have to appear in court. Be sure that the court is notified in writing of any settlement of the suit. If you do not settle the claim against you before the trial date, you must appear in court at the scheduled time or the judge can rule against you. If the judge rules against you, you will have a legal obligation to pay what the judge orders you to pay. However, you may appeal the judge’s decision.

If you have a claim against the plaintiff in connection with the same matter, you may file a counterclaim. You may do this by filling out the “defendant’s claim” form that comes with the summons and return it to the office of the Clerk of the District Court as soon as possible. You may be responsible for additional court costs if your claim is more than the amount authorized for the original filing fee.

The Filing Fee for a claim of $500.00 or less is $47.50 + $15.00 (Sheriff’s service fee) = $62.50

The Filing Fee for a claim of $500.01 or more is $67.50 + $15.00 (Sheriff’s service fee) = $82.50

The Sheriff’s office charges a $15.00 process fee for serving court documents, including summonses, orders of garnishment, and orders in aid of execution. The processing fee should be paid by check or cash equivalency, payable to the Saline/Ottawa County Sheriff’s Office.

If you have a complex case or one that involves a claim of more than $4,000.00 you may wish to consult an attorney about the other forms of legal action. An attorney can tell you what these other actions will cost and can help you decide what course is best for you.

If the defendant pays your claim before the trial, you must notify the court in person or in writing. A dismissal form will be sent to you and you must sign and return it to the court.

If you are suing a Kansas resident, you may file your case in the district court of the county in which:

1. The defendant lives;
2. You live, if defendant is served there;*
3. The defendant works, if defendant is served there;*
4. The property to be recovered is located if the action is to recover the possession of property;
5. The estate of a decedent is being probated if:
       a. The decedent would have been a co-defendant, and
       b. A claim has been duly exhibited in the probate proceeding;
6. The cause of action about which you are suing occurred if the defendant resided in that county when the cause of action arose. If you are suing a Kansas corporation or a foreign corporation qualified to do business in Kansas, you may file your case in the district court of the county in which:
       a. The defendant has a registered office;
       b. The defendant is doing business at the time the suit is filed;
       c. The county where the incident about which you are suing occurred;
       d. The property to be recovered is located if the action is to recover the possession of property.  If you are suing someone who does not reside in Kansas or a corporation not qualified to do business in this state, you may file your case in the district court of the county in which:
           a. You live;
           b. The defendant can be and is served;*
           c. The defendant is doing business at the time your case is filed;
           d. The property to be recovered is located if the action is to recover the possession of property;
           e. The defendant has property; or
           f. The incident about which you are suing occurred.

You may sue any person or business you believe owes you money or property except a state or other governmental unit.

You must be 18 years of age to file, or it may be filed on behalf of a minor by an adult representative. Any business other than collection agencies may use small claims court. No one can file more than twenty (20) cases during one calendar year (January 1 – December 31).