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| Court System: The Court system in the State of Kansas consists of the Supreme Court, Court of Appeals, District Courts, and Municipal Courts. The forum for determining the validity of a debt or enforcement of a judgment is the District Court. The Kansas statutes provide special procedures which place limitations on discovery and pretrial procedures in contract matters involving goods, services or money, or cases involving small amounts in controversy. The District Courts also adopted and implemented certain time standards and guidelines to reduce delays. Under these time and procedural limitations, a debt collection case with an amount in controversy of $1,800 or less may be determined under the Small Claims procedures (K.S.A. 61-2701 et seq.), and cases involving an amount less than $10,000 may be prosecuted under the Code of Civil Procedure for Limited Action (K.S.A. 61-1601 et seq.). In general, most creditors' actions may be resolved in the District Court within a period of 180 days. A. Small Claims Procedure: Claims in an amount not exceeding the sum of $1,800 exclusive of costs, interest and certain damages are subject to the Small Claims procedures. A person may use this inexpensive and expeditious procedure only if the debt is owed to him or her personally. Assigned claims and subrogation claims are not permitted under this procedure. In addition, a person may not file more than ten (10) small claims within any one calendar year. (K.S.A. 61-2701 et seq.) Costs: In general, the only cost for an action filed under the Small Claims procedure is the Docket Fee. This fee is paid at the time the Small Claim action is filed with the Clerk of the District Court. The fee schedule is: (K.S.A. 61-2704.) Claim amount less than $500.00..............................$19.50 Claim amount over $500.00....................................$39.50 B. Claims not exceeding $10,000 may be prosecuted under an abbreviated set of rules under the "Code of Civil Procedure For Limited Action" (K.S.A. 61-1601 et. Seq.). This set of procedures places limitations on time for service of process, discovery proceedings, pretrial procedures, and conclusion of a case. Costs: The costs for filing a civil action in the District Court is $66.50.
A filing fee is required for the filing of an action in any of the above Courts. (Iowa
Code Section 602.8105.) The fees may vary from county to county. The following is an
example of the filing fees required in each of these courts:
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| An excellent description of the entire Kansas Court System is provided at the Kansas Judicil Branch site, linked here. | |
| Links to Kansas laws, government agencies, and organizations are included here. Always discuss actual cases with your actual legal advisor or legal department. The Kansas Bar Association is linked here. | |
| Copyright 1998 by LAWDOG.COM Publishing, Inc. | |
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