Small Claims Court in Wyandotte County

In Wyandotte County, KS small claims cases are typically filed in the 29th Judicial District Court. Wyandotte County has one Judicial 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 Wyandotte Court System.

Small Claims Court

In Small Claims Court, individuals have the right to represent themselves, meaning you don’t need a lawyer to handle smaller legal matters. This makes it an accessible option for those seeking to resolve issues without the expense of legal representation. In Small Claims Court, a judge will decide your case, as there’s no option for a jury trial.

Starting July 1, 2024, Small Claims cases can only involve claims up to $10,000. You can find the necessary forms in the Self-Help Department on the 3rd floor or in the Limited Actions Department in the basement. Keep in mind, there are filing fees due when you submit your paperwork:

• For claims between $0 and $500, the fee is $47.50
• For claims between $500.01 and $10,000, the fee is $67.50.

The Small Claims Act does allow certain business entities to send non-lawyer representatives to handle cases, but collection agencies are not permitted to use the court to collect debts on behalf of their clients.

Cases Handled

You can use Small Claims Court to sue anyone—individuals or businesses—that you believe owes you money or property. However, this court isn't for lawsuits against the state, local government, or other government entities. Small Claims Court handles a wide range of issues, including:

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

If your issue fits one of these categories, Small Claims Court can be a simple and effective way to resolve the matter.

Required to File a Case in Small Claims

Before you file a case in Small Claims Court, it’s important to keep a few key restrictions and requirements in mind:

1. Limits on Claim Size
   • Your claim cannot exceed $10,000, excluding interest, court costs, or damages related to worthless checks.
2. Limits on the Number of Cases
   • You can only file up to 20 cases in Small Claims Court within a single calendar year, whether you are an individual or a business.
3. Filing Costs
   • Filing fees and fees for serving legal documents can vary depending on your county. For exact amounts, contact the court clerk’s office in your area.
4. Information Needed to File
   • When you file your case, you’ll need to:
     • Pay the filing fee
     • Complete a petition form, which includes:
       • Your name and address
       • The name and address of the person or business you’re suing
       • The amount of money or property you are seeking
       • A description of why you’re filing the claim
   • Provide the defendant’s correct contact information so they can be officially served with a summons to appear in court. It’s your responsibility to give the clerk this information when filing.
5. Who You Can Sue
   • In Small Claims Court, you can sue any person or business operating in Kansas that you believe owes you money or property. However, you cannot sue government entities like the state, county, city, or any other local government in this court.
   • Being prepared with all the right details will help ensure that your case moves forward smoothly.

Filing Small Claim

To file your claim in Small Claims Court, you’ll need to visit the Small Claims Division at the Clerk’s office in your district court. Be sure to know the exact amount you’re seeking to recover and have a written explanation of your case ready to provide.

You can get the petition form online at www.kscourts.org. You have a couple of options when filling out the form:

• Fill it out at the Clerk’s office and file it right away, or
• Take it home, complete it later, and then file it.

Just keep in mind, the petition must be either notarized or signed in front of the court clerk when you turn it in.

To officially start your Small Claims case, you’ll need to file the following documents with the Clerk of the District Court:

• Civil Information Sheet
• Request for Service
• Petition
• Summons
• Defendant’s Claim
• Filing Fee
• Service Fee (if you need the sheriff to serve the documents)

You can submit these documents in person at the Small Claims office, if that’s not convenient, you also have the option to file by mail, fax, or use the drop box located on the courthouse. Make sure everything is properly completed and filed to avoid any delays in your case.

Filing Fees and Payment Methods

Filing Fees:

• $47.50 for claims up to $500
• $67.50 for claims over $500.01 up to $4,000

Payment Methods:

• In Person: You can pay with cash, check, money order, or credit card (Visa, MasterCard, or Discover). Note that a 4% convenience fee will apply to credit card payments.
• By Fax: To pay by fax, you’ll need to submit a credit card authorization form with your signature.

Be sure to confirm with the court for any updates or specific instructions regarding payment methods.

After the Claim is Filed

Once you file your claim, you’ll receive a notice with your hearing date. The sheriff will serve the defendant with a summons and a copy of your petition.

If the defendant can’t be served, contact the court to request a continuance and update the court with any new address. If you settle before the hearing, inform the court immediately to have the case dismissed.

Service Options:

1. Sheriff: $15 fee (for Sedgwick County). For out-of-state, contact the relevant sheriff’s office.
2. Special Process Server: Hire a private process server (fees paid directly to them).
3. Certified Mail: Mail the summons and file the green card receipt with the court.

A return of service is required to proceed. If the defendant can’t be served, you may need to file an alias summons and request a continuance.

If you need an interpreter, notify the clerk at the time of filing.

Defendant

As a defendant in a Small Claims Court case, you’ll be served with a summons by the sheriff’s department. If you have a related claim against the plaintiff, you can file a counterclaim. Simply fill out the Defendant’s Claim Forms (included with the summons) and return them to the court as soon as possible.

If you settle before the hearing, inform the court in writing. If not, you must attend the hearing. Failing to show up could result in a judgment against you. During the hearing, both parties will present their cases, and if the judge rules against you, you’ll be required to pay the amount ordered.

For more details, refer to the Small Claims Court forms, which you can get from the court’s Small Claims division or download from www.kscourts.org under Court Rules and Forms.

Court Day

• In Small Claims Court, the proceedings are informal, with the judge overseeing the case. When it’s your turn to speak, be prepared to clearly explain your side of the case. Even if others are not courteous, always remain respectful and polite. Make sure to bring all relevant documents and evidence to support your claim.
• If you need to subpoena witnesses, request it well in advance, as subpoenas take time to be served. If a witness is unwilling to attend, you’ll need to pay a witness fee. Both parties will have the chance to present their case, ask questions, and cross-examine witnesses. After hearing all the evidence, the judge will make a decision.

Counterclaims

• If the defendant has filed a counterclaim, it may be heard alongside the original claim. The judge might make a decision right after hearing both sides, or may continue the case to another date.

Default Judgment

If a party who was properly served fails to appear for the hearing, the judge may rule in favor of the attending party, awarding a default judgment.

Hearing

In Small Claims Court, cases are decided by a judge, not a jury. Here's what you need to know about your hearing:

Preparation:

• Arrive on time and bring all relevant evidence, documents, and witnesses to support your case.

Non-Appearance Consequences:

• Plaintiff Fails to Appear: If you, as the plaintiff, don’t show up, your case could be dismissed, and if the defendant has a counterclaim, they may win by default.
• Defendant Fails to Appear: If the defendant doesn’t show up, the court may issue a default judgment in your favor.

Hearing Process:

• If both parties are present, each side will present their case to the judge, including arguments and evidence. The judge may make a decision the same day or continue the case to a later date.

Mediation:

• The judge may refer your case to mediation before making a decision, giving both parties a chance to settle the matter outside of court.

Appeal

After a judgment in Small Claims Court, either party can appeal the decision to have a new hearing before a different judge. The appeal must be filed in district court, and there are no simplified forms or procedures for this process.

You have 14 days from the date the judgment is entered to file your appeal. The necessary forms can be found at www.kscourts.org under Court Rules and Forms.

Keep in mind, appealing a Small Claims decision may involve additional costs, such as another filing fee, possible legal advice, and other expenses. It’s a good idea to consult with an attorney to understand these costs and to determine if an appeal is the right option for your case.

Collecting Judgment

Winning a case in Small Claims Court doesn’t guarantee that you’ll collect the money or property awarded to you. While the court processes the case, it does not handle collections or provide legal advice.

What You Need to Do to Collect:

1. Collection Responsibility: After the judge’s decision, the court’s involvement ends. Collecting the awarded amount is your responsibility, and you may need legal assistance to enforce the judgment.
2. Judgment Creditor and Debtor: If you win, you become the judgment creditor, and the losing party becomes the judgment debtor. The court clerk will provide you with a "Judgment Debtor’s Statement of Assets" form, which can help in collecting the judgment.
3. Garnishment and Attachment: You may need to file petitions to garnish wages or bank accounts or attach property to collect the judgment.

Post-Judgment Steps:

• Within 14 Days: After the judgment (and if there’s no appeal or you win an appeal):
  • Mail a copy of the Judgment Form or Journal Entry of Judgment and the “Judgment Debtor’s Statement of Assets” form to the judgment debtor.
  • File proof of mailing with the district court clerk.
• Debtor’s Response: The judgment debtor has 30 days to either:
  • Pay the judgment
  • Complete the "Judgment Debtor’s Statement of Assets" form and return it to the court clerk. The clerk will then send the information to you, the judgment creditor.

If the debtor does not respond or refuses to pay, you may need to take additional legal steps to collect the judgment.

Courthouse Location:

29th Judicial District Wyandotte County

710 N 7th St.
Kansas City, KS 66101
(316) 660-5800
https://www.wycodistrictcourt.org/small-claims

BUILDING HOURS

• Monday - Friday 8:00AM - 12 :00PM and 1:00 PM - 5:00 PM, except court holidays.

CITIES SERVES

• Bonner Springs (also in Leavenworth and Johnson counties)
• Edwardsville
• Kansas City
• Lake Quivira (also in Johnson County)

Let Squabble Help You With Your Small Claim at Wyandotte County

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