Small Claims Court in Sedgwick County

In Sedgwick County, KS small claims cases are typically filed in the District Court. Sedgwick County has one 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 Sedgwick Court System.

Small Claims Court

In this court, individuals have the right to represent themselves without the need for an attorney, making it accessible for those who may not want or need a lawyer for smaller legal matters. Small Claims Court is specifically designed for straightforward cases where you’re trying to recover money or property valued at $4,000 or less. If your claim exceeds $4,000, it’s considered more complex, and it’s recommended that you consult or explore other legal options.

In Small Claims Court, you typically cannot have a lawyer represent you during the trial. However, you can seek legal advice from a lawyer beforehand to understand the strengths and weaknesses of your case. This consultation happens outside the courtroom before your hearing. Also, Small Claims Court cases are decided by a judge, not a jury, so you won't have the option of a jury trial.

Under the Small Claims Act, certain business entities are permitted to have non-lawyer representatives handle their cases in Small Claims Court. However, collection agencies are not allowed to use the court to collect debts on behalf of their clients.

Cases Handled

Small Claims Court to sue any individual or business that you believe owes you money or property. However, you cannot use this court to file a lawsuit against the state, local government units, or other governmental entities. Small Claims Court handles a variety of issues, including:

• 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

Required to File a Case in Small Claims

To file a case in Small Claims Court, you need to be aware of several important restrictions and requirements:

• Limits on Claim Size: Your claim cannot exceed $4,000, not including interest, court costs, or any damages for worthless checks that may be awarded.
• Limits on the Number of Actions: An individual or business is limited to filing no more than 20 cases in Small Claims Court within a single calendar year.
• Filing Costs: The filing fees and fees for serving legal documents vary by county. You can find out the exact amounts by contacting the court clerk’s office in your area.
• Information Required to File: When filing a case, you'll need to pay the filing fee and complete a form (known as a petition). This form will require your name and address, the name and address of the person or business you are suing, the amount of money or property you are seeking, and the reason for your claim. Additionally, you must provide accurate contact information for the defendant so they can be served with an official summons to appear in court. It’s your responsibility to supply this information to the clerk’s office when you file.
• Who Can Be Sued: 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 the state, a county, city, township, or any other government entity in Small Claims Court.

Filing Small Claim

You can file your claim by visiting the small claims division at the clerk’s office of your district court. It’s important to know the exact amount you’re seeking to recover and be ready to provide a written explanation of your case.

You can obtain a petition form online at www.kscourts.org. You have the option to fill out the petition at the clerk’s office and file it immediately, or you can take it home, complete it, and file it later. Just remember, the petition must be either notarized or signed in front of the court clerk when you submit it.

To initiate a Small Claims case, you need to file the following documents with the Clerk of the District Court’s office:

• Civil Information Sheet
• Request for Service
• Petition
• Summons
• Defendant’s Claim
• Filing Fee
• Service Fee (for sheriff service)

You can file these documents in person at the Small Claims office at the Sedgwick County Courthouse between 8:00 AM and 4:00 PM. Alternatively, you may also file by mail, fax, or use the labeled drop box located on Main Street directly in front of the Sedgwick County Courthouse.

Filing Fees and Payment Methods

• Filing Fees:
• $49.50 for claims up to $500.00
• $69.50 for claims over $500.01 up to $4,000.00

Payment Methods:

• In Person: Cash, check, money order, or credit card (Visa, MasterCard, or Discover). A 4% convenience fee applies for credit card payments.
• By Fax: A credit card authorization form with a signature is required to process your payment.

Make sure to check with the court for any updates or additional payment instructions.

After the Claim is Filed

Once you’ve filed your claim, you’ll receive a notice of your hearing date. The sheriff’s department will then serve a summons and a copy of your petition to the person being sued.

If the defendant cannot be served, you should contact the court to request a continuance, which will give you additional time to find a valid address for the defendant. It’s your responsibility to keep the clerk updated with any new address or information before each court date to ensure the defendant can be located.

If you reach a settlement before the hearing date, be sure to inform the court immediately so the case can be dismissed.

Once you file your case with the Clerk of the District Court, you will be assigned a case number and a bench trial date. As the plaintiff (filer), you are responsible for arranging service of the summons to the defendant(s). You can choose one of the following methods for service:

• Sheriff: There is a $15.00 fee for the Sedgwick County Sheriff to perform service. For out-of-state service, you need to contact the relevant county sheriff in the defendant's location to arrange service and determine the applicable fee. You will need to mail the service packet and fee to the out-of-state sheriff's office.
• Special Process Server: You can hire a process server to deliver the summons. The fee for this service is paid directly to the process server you hire. The court is not involved in this process.
• Certified Mail: If you choose certified mail, you are responsible for filing the green card return from the post office with the Clerk of the District Court.

A return of service is required to proceed with your case.

If the defendant cannot be located or served, you may need to file an alias summons and request a continuance of your court date.

If you need an interpreter for your hearing, inform the clerk at the time of filing, and arrangements will be made to schedule an interpreter.

Defendant

If you’re a defendant in a Small Claims Court case, you’ll be served with process by the sheriff’s department. If you have a claim against the plaintiff related to the same matter, you can file a counterclaim. To do this, fill out the Defendant’s Claim Forms that should come with the summons and return them to the court as soon as possible.

If you settle the case with the plaintiff before the hearing date, make sure to notify the court in writing about the settlement.

If you don’t settle, you must attend the court hearing at the scheduled time; failing to do so could result in a judgment against you. During the hearing, both you and the plaintiff will have the opportunity to present your sides of the story. If the judge rules against you, you’ll be legally obligated to pay the amount ordered by the court.

For detailed information on the Small Claims Court process, refer to the printed forms used for filing cases. You can obtain these forms from the clerk of the district court's small claims division or download them from www.kscourts.org under Court Rules and Forms.

Court Day

In Small Claims Court, proceedings are informal and conducted by the judge. When you arrive for your hearing, be ready to clearly explain your side of the case. Even if others are not courteous, it’s important to remain respectful and polite. Bring all relevant evidence, documents, and materials to support your case.

If you need to subpoena witnesses, request them several weeks before the trial date, as subpoenas require time for service. If a witness is reluctant to appear, you’ll need to pay a witness fee. Both parties will have the opportunity to present their arguments, question, and cross-examine witnesses. The judge will make a decision after reviewing all the evidence.

• Counterclaims: If the defendant has filed a counterclaim against the plaintiff, the counterclaim may be heard at the same time as the original claim. Depending on the case, the judge may make a decision immediately after hearing both sides or may continue the case to another date.
• Default Judgment: If a party who was properly served does not appear for the hearing, the judge may declare them in default and award judgment to the attending party.

Hearing

In Small Claims Court, cases are decided by a judge without a jury. Here’s what you need to know about your hearing:

• Preparation: Arrive on time and bring all relevant evidence, documents, and witnesses needed to present your case to the judge.
• Non-Appearance Consequences:
  • Plaintiff Fails to Appear: If you, as the plaintiff, fail to appear, your case could be dismissed. If the defendant has filed a counterclaim, it could result in a judgment in favor of the defendant.
  • Defendant Fails to Appear: If the defendant does not appear, the court may issue a judgment by default in favor of the plaintiff.
• Hearing Process: If both parties appear, you will present your case to the judge. Each side will have the opportunity to present their arguments and evidence. The judge may make a decision on the same day or may continue the case to another date.
• Mediation: The judge might refer your case to mediation to help resolve the dispute before making a decision.

Appeal a Small Claims Decision

After a judgment in Small Claims Court, either party can appeal for 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 http://www.kscourts.org under Court Rules and Forms.

Keep in mind that appealing a small claims decision can involve additional costs. These may include another filing fee, potential legal advice from an attorney, and other expenses. It’s wise to consult with an attorney to understand these costs and whether an appeal is the right step 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. The court and its personnel are responsible for processing cases but do not handle collections or provide legal advice.

Here’s what you need to do to collect what you’re owed:

1. Collection Responsibility: After the judge makes a decision, the Small Claims Court process ends. Collecting the awarded amount is your responsibility. You may need to seek 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 clerk of the district court will provide you with a “Judgment Debtor’s Statement of Assets” form, which can help in collecting the judgment.
3. Garnishment and Attachment: You can file petitions to garnish wages or bank accounts or attach other property to collect the judgment.
4. Post-Judgment Procedures:
   • Within 14 Days: After the judgment is entered (and if there’s no appeal or if you prevail on appeal), you must:
     1. 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.
     2. File proof of mailing with the clerk of the district court.
   • Debtor's Response: The judgment debtor has 30 days to either pay the judgment or complete the “Judgment Debtor’s Statement of Assets” form and return it to the clerk of the court. The clerk will then forward this information to you, the judgment creditor.

Courthouse Locations:

Sedgwick County District Court

525 N. Main St.
Wichita, KS 67203
(316) 660-5800
https://www.dc18.org/

BUILDING HOURS

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

Let Squabble Help You With Your Small Claim at Sedgwick County

Don't allow the intricacies of the legal system to discourage you from pursuing justice and compensation for your claim. With Squabble, you have a dedicated partner to streamline the process and guide you toward resolution. Whether you're contemplating filing a claim at Sedgwick County small claims court, Squabble is here to support you at every stage. Reach out to us today to commence your journey toward justice and compensation. Get started today and become one of the 95% of our customers who won or settled their case.