Small Claims Court in Johnson County

In Johnson County, KS small claims cases are typically filed in the District Court. Johnson County has 1 District Courthouse that handles small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Johnson Court System.

Small Claims Court

At Johnson County, Kansas the Small Claims Court was created to offer a straightforward and informal way to resolve certain legal issues quickly and affordably. In this court, individuals can either sue someone or be sued themselves. Unlike other courts, you present your case personally, without the need for a lawyer. Small Claims Court handles simple cases involving modest amounts of money or property.

It's important to note that while the court can enforce judgments, it cannot guarantee the collection of payment or provide legal advice. After receiving a judgment from Small Claims Court, you have the option to hire an attorney for further assistance.

The staff at the Office of the Clerk of the District Court can assist with processing your case, but they are not authorized to offer legal advice under the law.

Claims in Small Claims Court are limited to $4,000, not including interest, costs, or any additional damages for worthless checks as per K.S.A. 60-2610. The person making the claim must be at least 18 years old or represented by someone who is.

Both businesses and corporations can use Small Claims Court, but collection agencies cannot file claims on behalf of clients.

A claimant is allowed to file a maximum of 20 cases per calendar year. Filing fees can be paid with cash, cashier's check, money order, personal check, or credit card, all made out to the Clerk of the District Court.

Cases Handled

You can sue any individual or business in Kansas that you believe owes you money or property. However, you cannot use Small Claims Court to sue the state, local government units, or governmental entities. The Small Claims Court deals with a range of issues, such as:

• Disputes between tenants and landlords
• Personal injury claims
• Cases involving stolen property
• Claims for damaged property
• Debt collection matters
• Auto repair problems
• Poor construction work
• Defective products
• Breaches of contract or verbal agreements

Filing Small Claim

To file your case, complete all the forms provided and follow the instructions on each one. You’ll need to include the current address of the person you’re suing so that an official summons can be served to them. Submit the completed forms, your valid email address, and the required fee to the Clerk of the District Court. You can also mail your documents to the address listed on the front of this brochure for your convenience.

Make sure that all plaintiffs sign the petition and request form.

If the defendant lives outside of Kansas or if there is more than one defendant, please contact the Small Claims Clerk for additional instructions.

Where to File

When suing a Kansas resident, file your case in the District Court of the county where:

1. The defendant lives.
2. You, the claimant, live if the defendant can be served there.
3. The defendant works if you need to serve the summons there.
4. The property in question is located.
5. The claim originated and the defendant lived at that time.

If you are suing a domestic or foreign corporation doing business in Kansas, file in the District Court of the county where:

1. The corporation has a registered business.
2. The corporation is conducting business when the suit is filed.
3. The cause of action arose.
4. The property in question is located.

For a non-Kansas resident or business, file in the District Court of the county where:

1. You, the claimant, reside.
2. The defendant can be served.
3. The defendant is conducting business when the case is filed.
4. The defendant has property.

Fees

Small Claims Fees (Effective July 1, 2024):

• Small Claims $500 or less:
  • Fee: $36.50
  • Surcharge: $12.50
  • Total: $49.00
• Small Claims $500.01 - $10,000:
  • Fee: $56.50
  • Surcharge: $12.50
  • Total: $69.00
• Small Claims Appeal:
  • Fee: $174.50
  • Surcharge: $22.00
  • Total: $196.50

Note: All fees include an additional $1.50 law library fee under the authority of KSA 20-3129(b).

After the Claim is Filed

Once your Petition is filed with the Clerk, a hearing will be scheduled. The Sheriff will then serve a copy of the Summons and your Petition to the defendant at the address you provided. You’ll receive a copy of the Sheriff’s return of service in one of the envelopes you supplied.

If the Sheriff is unable to find the defendant at the address you provided, the court date on the Petition will not proceed. When you have the correct address, you can request additional forms to ask the Clerk to issue an Alias Summons. A new court date will be set, and you should provide an additional stamped, self-addressed envelope at this time.

Defendant

• If you receive a summons notifying you that you’ve been sued in Small Claims Court and you do owe the claimant money or property, you can avoid appearing in court by paying what you owe before the court date. Make sure to request that the claimant file an Order of Dismissal with the court by the scheduled court date to officially close the case.
• If you have a counterclaim related to the same issue, you can file a counterclaim by completing the Defendant’s Claim form that came with the summons. Submit this form to the Clerk of the District Court at least 10 days before your hearing. If there are multiple defendants, each one must sign the claim.
• If the matter isn’t settled before the court date, you must appear in court. Failure to appear can result in a default judgment against you.
• If you believe you don’t owe the amount claimed, come to court ready to present your side of the case. You cannot have a lawyer represent you, but you can present documents and witnesses. Ensure you pay the witness fees and mileage in advance when subpoenaing witnesses.
• The judge will hear both sides before making a decision. If the judgment is in favor of the claimant, you are legally required to pay the amount determined by the judge. You do have the right to appeal the decision to the District Court.

Court Day

Your Day in Court:

• Small Claims Court proceedings are informal, and the judge will guide the process. Be ready to clearly explain your side of the case and bring all necessary evidence, papers, documents, or other materials to support your claim. If needed, you can subpoena unwilling witnesses, but you'll need to cover their fees and mileage in advance; this payment must be included with the subpoena.
• The defendant will also have the opportunity to present their side and call witnesses. If the defendant has filed a counterclaim against you, they will present it at the same time as your case.
• The judge might make a decision right after the hearing or may postpone it to a later date.
• If the defendant was properly served but fails to appear, the judge may rule in your favor by default.
• Once the judge renders a decision, the Small Claims procedure concludes. You are responsible for collecting any awarded amount. The clerk cannot assist with post-judgment collection efforts.
• • zIf you're unhappy with the judge’s decision and believe there are grounds for an appeal, you can file a notice of appeal in the Johnson County District Court within 14 days. This will involve additional legal procedures and a docket fee. You may hire a lawyer for any proceedings after the Small Claims Judge has made a decision.

Collection of Judgment

Collecting Your Money or Property:

• If you win the case, you become the Judgment Creditor, and the losing party is the Judgment Debtor. The clerk will give you a form called the Judgment Debtor’s Statement of Assets. This form can help you collect the judgment and may be used for actions like garnishing wages or bank accounts, or seizing non-exempt property of the Debtor.
• The Judgment Debtor has 14 days after the judgment is entered to file an appeal with the District Court. They can follow the same procedures as the Creditor for appealing.
• If no appeal is filed and you haven’t received full payment from the Debtor or the Clerk of the District Court within 15 days of the judgment being filed, you will need to take steps to enforce collection.

Appeal

How to File an Appeal of a Judgment:

Either party can appeal a Small Claims Court judgment and request a new hearing before a District Court judge. To file an appeal, you must submit a Notice of Appeal in typewritten format within 14 days of the judgment. This Notice of Appeal must be filed with the Clerk of the District Court and include the docket fee. Payment can be made by cash, cashier’s check, money order, personal check, or credit card.

Satisfaction of Judgment

Once you receive the awarded money or property, you should file a Satisfaction of Judgment with the Clerk of the District Court. This is important because failing to do so could lead to the debtor suing you for damages related to any negative impact on their credit or other adverse effects due to an incomplete record of the case's resolution.

Courthouse Locations:

Johnson County District Court

50 W. Santa Fe St.
Olathe, Kansas 66061
(913) 715-3300
https://courts.jocogov.org/dc_smallclaims.aspx

BUILDING HOURS

• Monday - Friday 8:00AM - 5:00PM, closed daily from noon to 1:00 pm; except court holidays.
• Clerk's office: 8:00AM-12:00PM 1:00PM - 4:30PM.

Let Squabble Help You With Your Small Claim at Johnson County

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