61-2701 Citation of act.
61-2701. Citation of act. This act shall be known and may be cited as the “small claims procedure act.” History: L. 1973, ch. 239, § 1; July 1.
61-2702 Application of act; correlation with code of civil procedure for limited actions.
61-2702. Application of act; correlation with code of civil procedure for limited actions. This act shall apply to and be an alternative procedure for the processing of small claims pursuant to the code of civil procedure for limited actions, and the provisions of this act shall be part of and supplemental to the code of […]
61-2703 Definitions.
61-2703. Definitions. As used in this act: (a) “Small claim” means a claim for the recovery of money or personal property, where the amount claimed or the value of the property sought does not exceed $4,000, exclusive of interest, costs and any damages awarded pursuant to K.S.A. 60-2610 and amendments thereto. In actions of replevin, […]
61-2704 Commencement of action; fees and costs; authorized only by legislative enactment; limit on number of claims.
61-2704. Commencement of action; fees and costs; authorized only by legislative enactment; limit on number of claims. (a) An action seeking the recovery of a small claim shall be considered to have been commenced at the time a person files a written statement of the person’s small claim with the clerk of the court if, […]
61-2705 Pleadings.
61-2705. Pleadings. It is the purpose of this act to provide and maintain simplicity of pleading, and the court shall supply the forms prescribed by this act to assist the parties in preparing their pleadings. The pleading required in an action commenced under this act shall be the statement of plaintiff’s claim, which shall be […]
61-2706 Claims exceeding small claims in jurisdiction.
61-2706. Claims exceeding small claims in jurisdiction. (a) Whenever a plaintiff demands judgment beyond the scope of the small claims jurisdiction of the court, the court shall either: (1) Dismiss the action without prejudice at the cost of the plaintiff; (2) allow the plaintiff to amend the plaintiff’s pleadings and service of process to bring […]
61-2707 Trial of action; exclusion of attorneys; appearance by others in a representative capacity; enforcement of judgment; certain judgments null and void.
61-2707. Trial of action; exclusion of attorneys; appearance by others in a representative capacity; enforcement of judgment; certain judgments null and void. (a) The trial of all actions shall be to the court, and except as provided in K.S.A. 61-2714, and amendments thereto, no party in any such action shall be represented by an attorney […]
61-2708 Venue.
61-2708. Venue. The venue of actions commenced under this act shall be as prescribed in article 34 of chapter 61 of the Kansas Statutes Annotated, and amendments thereto, except that the county in which the cause of action arose shall be proper venue only where it is affirmatively shown that the defendant was a resident […]
61-2709 Appeals.
61-2709. Appeals. (a) An appeal may be taken from any judgment under the small claims procedure act. All appeals shall be by notice of appeal specifying the party or parties taking the appeal and the order, ruling, decision or judgment complained of and shall be filed with the clerk of the district court within 14 […]
61-2710 Costs, taxation.
61-2710. Costs, taxation. The costs of any action commenced [under] this act shall be taxed against the parties as in other actions pursuant to the code of civil procedure for limited actions. History: L. 1973, ch. 239, § 10; L. 1974, ch. 242, § 3; L. 1976, ch. 258, § 59; Jan. 10, 1977.
61-2712 Purpose of act; powers of court.
61-2712. Purpose of act; powers of court. It is the purpose of this act to provide a forum for the speedy trial of small claims, and to this end, the court may make such orders or rulings, consistent with the provisions of this act, as are necessary to promote justice and fairly protect the parties. […]
61-2713 Forms.
61-2713. Forms. The forms to be utilized under the small claims procedure act shall be set forth by the judicial council. History: L. 1973, ch. 239, § 13; L. 1979, ch. 187, § 4; L. 1986, ch. 223, § 4; L. 1986, ch. 222, § 4; L. 1986, ch. 224, § 3; L. 1990, ch. […]
61-2714 Use of attorneys; certification by plaintiff of compliance with act; defense related to limit on number of claims.
61-2714. Use of attorneys; certification by plaintiff of compliance with act; defense related to limit on number of claims. (a) Notwithstanding any other provision of the small claims procedure act, if any party in small claims litigation: (1) Uses any person in a representative capacity if such person representing the party is an attorney or […]