Free SIXTH JUDICIAL DISTRICT - Kansas

IN THE DISTRICT COURT OF ______________________ COUNTY, KANSAS (SMALL CLAIMS DIVISION) OFFICE HOURS: 8:00 A.M. - 3:30 P.M. TELEPHONE: Bourbon County - (620) 223-0780

Linn County - (913) 795-2660 Miami County - (913) 294-4374
PLEASE READ THOROUGHLY AND FOLLOW THESE INSTRUCTIONS

a.

1. PLEADINGS: Complete the petition carefully. The name, address, and telephone number of both plaintiff and defendant shall be on the petition. Plaintiff's signature on the petition must be notarized or signed in front of the clerk or deputy clerk of the district court. You must file the case in the same county that the defendant can be served. YOU MUST FILE THE ORIGINAL COPY OF THE PETITION. b. The defendant MUST be at least 18 years of age or older. If not, then you must add the parents name, address and telephone number on the petition as well. The maximum number of claims that can be filed per year is ten (10). The maximum amount for which one may file a claim is FOUR THOUSAND DOLLARS ($4,000.00). A filing fee must be paid at the time a case is filed. The filing fee is $49 for claims of $500.00 or less. The filing fee is $69.00 for claims of $501.00 to $4,000.00. There is also a $5.00 sheriff's service of process fee. A separate check or money order made payable to the "County Sheriff's Office" must accompany your petition. Do not combine the sheriff's fee with a check or money order for the filing fee, which is to be made payable to "Clerk of District Court."

c.

d. The court may request that you provide self-addressed, stamped envelopes for correspondence between the parties in the case and the court.

2. TRIAL SETTING: a. The time the case will be tried is scheduled by the court at the time the petition is filed and is set out on the summons. The plaintiff will receive a copy of the petition. The defendant's summons will indicate the trial date and time. 3. TRIAL: a. The hearing is a meeting before a judge. The plaintiff and defendant should report to the courtroom or check in at the District Court office. Each party will be allowed a short time in which to present their case to the court, and if necessary, a short time for cross-examination of the opposing witness. Neither party may be represented by an attorney. b. If a witness is to be called, it is the responsibility of each party to have the witness present in the courtroom. If this cannot be done by agreement with the witness, upon written request by party, the court will subpoena the witness. The request must be filed at least five (5) days prior to the trial in order to have time to serve the subpoena on the witness requested. A ten dollar ($10.00) plus mileage check should accompany the request for a subpoena. There is a $5.00 sheriff's service of Process fee that must accompany the subpoena. For each witness being subpoenaed, a check or money order made payable to the "County Sheriff's Office" must be provided by the party wishing to subpoena witnesses. Written statements of intended witnesses ARE NOT allowed in court.

4. JUDGMENT: a. Judgment will be made by the presiding judge after both parties have been given an opportunity to speak. (If the defendant does not appear, the plaintiff is granted judgment by default). b. After judgment has been awarded by the court, an attorney may assist in the collection attempt, or the court may be asked to assist in this respect by issuing requested post judgment orders allowed by law.

5. POST-JUDGEMENT ORDERS: a. Request for Garnishment (Wage or Non-Wage) can be issued to the court for service on employers or financial institutions to recover the amount of the judgment. There is a $5.00 sheriff's service of process fee. 6. APPEALS: a. An appeal may be taken from the judgment by either party by filing a Notice of Appeal with the Clerk of the District Court within ten (10) days after the date judgment is entered. A filing fee of $166.00 must accompany the notice of appeal. Attorneys may enter the case on behalf of either party at this time.

In The District Court of

County, Kansas

Case Number _____________ ________________________________________________________________________________________________________ Plaintiff ­ name and address Vs ________________________________________________________________________________________________________ Defendant ­ name and address

PETITION
To Plaintiff:

Pursuant to Chap. 61 of K.S.A

Read instructions on bottom of this form. Set forth a short and plain statement of your claim below.

Plaintiff, having read the instructions on the bottom of the petition, asserts the following claim against the above defendant (s): ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ Based on the claim stated above, judgment is demanded against defendant(s) as follows: (check applicable provision) __ Payment of $ ___________., plus interest, cost and any damages awarded under K.S.A. 60-2610 __ Recovery of the following described personal property, plus cost-estimated value of property $_______________

The plaintiff, hereby declares under penalty of perjury under the laws of the State of Kansas that, to the best of the plaintiff's knowledge and belief, the above claim asserted against the defendant (s) (including the estimate of value of any property sought to be recovered) is a just, true, and correct statement, exclusive of any valid claim or defense which defendant(s) may have. __ Check this box if the plaintiff is an attorney or a corporation or entity that will appear by an attorney or former attorney or person qualified to be an attorney as defined by law. Executed on ___________________________________ __ _________________________________________ Signature of Plaintiff Indicate this box to request personal or residence service of the summons and not certified mail service.

If you do not mark this the sheriff or process server may make certified mail service or you may make certified mail service. Follow strict terms of the "returns" on back of summons forms if you make the service yourself. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

This trial on this matter is set for ________________________________________, at ___________ _____.M at ________________________________________________________________________________________________________ Place of hearing and address This communication is an attempt to collect a debt and any information obtained will be used for that purpose. INSTRUCTIONS TO PLAINTIFF: State the claim you have against the defendant(s) in the space provided on the petition form. Be clear and concise Your total claim against the defendant may not exceed $4000, not including interest, cost and any damages awarded under K.S.A. 60-2610 You must be present in person at the hearing in order to avoid default judgment against you on any claim defendant(s) may have which arises out of the transaction or occurrence which is the subject of your claim against the defendant(s). You must make demand for judgment in one or both of the spaces provided on the petition form. Neither you nor the defendant(s) are permitted to appear with an attorney at the hearing unless the other party is an attorney or is a corporation or entity that uses an attorney in a representative capacity. In such case you are entitled to one continuance to obtain an attorney. You may not file more than ten small claims under the small claims procedure act in this court during any calendar year. After completing the petition form, you must sign it. Your signature is under unsworn declaration under penalty of perjury. ORIGINAL ­ TO BE FILED WITH THE COURT (Copy to Plaintiff and Defendant)

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6. 7.

3/17/04

In The District Court of

County, Kansas

Case Number ____________ ________________________________________________________________________________________________________ Plaintiff ­ name and address Vs ________________________________________________________________________________________________________ Defendant ­ name and address

SUMMONS

Pursuant to Chap. 61 of K.S.A TO THE ABOVE-NAMED DEFENDANT (S):

You are hereby notified that the above named plaintiff has filed a claim against you under the small claims procedure of this court. The statement of plaintiff's claim and demand for judgment against you are set forth in the petition which is herewith served upon you. If your defense is supported by witnesses, books, receipts or papers, you should bring them with you at the time of the hearing. If you wish to have witnesses summoned, see the Clerk of the Court for assistance. If you admit the claim, but desire additional time to satisfy the plaintiff's demands, you must be present at the trial and explain the circumstances to the court. If you have a claim against the plaintiff, which arises out of the transaction or occurrence which is the subject of plaintiff's claim, and your claim does not exceed $4000.00, you must complete the form for "Defendant's Claim," which accompanies this summons, and return it to the clerk of the court before the time set for the trial. If your claim exceeds $4000, you may complete and return the form for "Defendant's Claim" on or before the time set for trial. This trial on this matter is set for ________________________________________, at ___________ _____.M at ________________________________________________________________________________________________________ Place of hearing and address ------------------------------------------------------------------------------------------------------------------------------------------------------Plaintiff, having read the instructions on the bottom of the petition, asserts the following claim against the above defendant (s):

SEE ATTACHED PETITION
YOU MUST BE PRESENT IN PERSON AT THE TRIAL OR JUDGMENT BY DEFAULT WILL BE ENTERED AGAINST YOU. To Sheriff/Process Server: This summons must be served and your return made promptly. In any event, your return is due no later than five days before the date stated in the summons for trial. ------------------------------------------------------------------------------------------------------------------------------------------------------------------I hereby certify, under penalty of perjury, that I have served this summons: 1) By delivering a copy of such summons and a copy of the petition to each of the following defendant(s) on the dates indicated: ________________________________________________________ _________________________________, 20___________. 2) By leaving a copy of such summons and a copy of the petition at the usual place of residence of each of the following defendants with some person of suitable age and discretion residing therein on the dates indicated: _____________________________ ______________________________ ___________ (Name) (Address) (Date) 3) By delivering a copy of such summons and a copy of the petition to each of the following agents authorized by appointment or by law to receive service of process on the dates indicated: ____________________________ ______________________________ _____________ (Name) (Address) (Date) 4) I hereby certify that I have served the within summons: (1) By mailing on the _____ day of ______________, 20____, a copy of the summons and a copy of the petition in the above action as certified mail return receipt as requested to each of the within-named defendants; (2) the name and address on the envelope containing the process mail By _____________________________ certified mail return receipt requested were as follows:

5) I hereby certify that on the _____ day of ___________, 20 ___, I mailed a copy of the summons and petition in the above action by first-class mail, postage prepaid, addressed to: _____________________________ at __________________________________________.
By _____________________

PROCESS SERVER ­ FOR SERVICE AND RETURN

In The District Court of

County, Kansas

Case Number ____________ ________________________________________________________________________________________________________ Plaintiff ­ name and address Vs ________________________________________________________________________________________________________ Defendant ­ name and address

SUMMONS

Pursuant to Chap. 61 of K.S.A TO THE ABOVE-NAMED DEFENDANT (S):

You are hereby notified that the above named plaintiff has filed a claim against you under the small claims procedure of this court. The statement of plaintiff's claim and demand for judgment against you are set forth in the petition which is herewith served upon you. If your defense is supported by witnesses, books, receipts or papers, you should bring them with you at the time of the hearing. If you wish to have witnesses summoned, see the Clerk of the Court for assistance. If you admit the claim, but desire additional time to satisfy the plaintiff's demands, you must be present at the trial and explain the circumstances to the court. If you have a claim against the plaintiff, which arises out of the transaction or occurrence which is the subject of plaintiff's claim, and your claim does not exceed $4000.00, you must complete the form for "Defendant's Claim," which accompanies this summons, and return it to the clerk of the court before the time set for the trial. If your claim exceeds $4000, you may complete and return the form for "Defendant's Claim" on or before the time set for trial. This trial on this matter is set for ________________________________________, at ___________ _____.M at ________________________________________________________________________________________________________ Place of hearing and address -----------------------------------------------------------------------------------------------------------------------------------------------------Plaintiff, having read the instructions on the bottom of the petition, asserts the following claim against the above defendant (s):

SEE ATTACHED PETITION
YOU MUST BE PRESENT IN PERSON AT THE TRIAL OR JUDGMENT BY DEFAULT WILL BE ENTERED AGAINST YOU. To Sheriff/Process Server: This summons must be served and your return made promptly. In any event, your return is due no later than five days before the date stated in the summons for trial. ------------------------------------------------------------------------------------------------------------------------------------------------------------------I hereby certify, under penalty of perjury, that I have served this summons: 1) By delivering a copy of such summons and a copy of the petition to each of the following defendant(s) on the dates indicated: ________________________________________________________ _________________________________, 20___________. 2) By leaving a copy of such summons and a copy of the petition at the usual place of residence of each of the following defendants with some person of suitable age and discretion residing therein on the dates indicated: _____________________________ ______________________________ ___________ (Name) (Address) (Date) 3) By delivering a copy of such summons and a copy of the petition to each of the following agents authorized by appointment or by law to receive service of process on the dates indicated: ____________________________ ______________________________ _____________ (Name) (Address) (Date) 4) I hereby certify that I have served the within summons: (1) By mailing on the _____ day of ______________, 20____, a copy of the summons and a copy of the petition in the above action as certified mail return receipt as requested to each of the within-named defendants; (2) the name and address on the envelope containing the process mail certified mail return receipt requested were as follows: By _____________________________

5) I hereby certify that on the _____ day of ___________, 20 ___, I mailed a copy of the summons and petition in the above action by first-class mail, postage prepaid, addressed to: _____________________________ at __________________________________________.

PROCESS SERVER ­ HANDED TO DEFENDANT

In The District Court of

County, Kansas

Case Number _____________ ________________________________________________________________________________________________________ Plaintiff ­ name and address Vs ________________________________________________________________________________________________________ Defendant ­ name and address

DEFENDANT'S CLAIM

Pursuant to Chap. 61 of K.S.A

INSTRUCTIONS: 1. As stated in the summons, if you have a claim against the plaintiff which arises out of the transaction or occurrence which is the subject of plaintiff's claim, and you claim does not exceed $4000.00, you may state your claim in the space provided below. In determining whether or not your claim against the plaintiff exceeds $4000.00, do not include interest, costs and any damages under K.S.A. 1989 Supp. 60-2610, but do include the value of any personal property sought to be recovered as determined by your estimate of its value under oath. 2. Be clear and concise in stating your claim. 3. If the value of your claim exceeds $4000.00 (not including interest, costs, and any damages awarded under K.S.A. 60-2610, but including the value of any personal property to be recovered, as determined by our estimate of its value under oath), the court must decide whether or not you may pursue the entire claim or only that portion not exceeding $4000.00. 4. If your claim exceeds $4000.00 and the court determines that you may not pursue the entire claim, at the hearing you have three alternatives: (1) Make no demand for judgment and reserve the right to pursue your entire claim in a court of competent jurisdiction. (2) Make demand for judgment of that portion of your claim which does not exceed $4000.00 and reserve the right to bring an action in a court of competent jurisdiction for any amount in excess thereof. (3) Make demand for judgment of that portion of your claim which does not exceed $4000.00 and waive your right to recover any excess. 5. When completed, this form must be filed with the clerk of the district court before the time stated in the summons for the trial. STATEMENT OF CLAIM: I, ________________________________, having read the instructions above, assert the following claim against, __________________________________________, plaintiff. _______________________________________________________________________________________________________________________ _______________________________________________________________________________________________________________________ _______________________________________________________________________________________________________________________ _______________________________________________________________________________________________________________________

DEMAND FOR JUDGMENT: Based on the claim stated above, judgment is demanded against plaintiff as follows: 1) 2) Payment of $_________________, plus interest, costs and any damages awarded under K.S.A. 60-2610. Recovery of the following described personal property, plus costs:

I, ____________________________________, hereby swear that, to the best of my knowledge and belief, the above claim asserted against the plaintiff, (including the estimate of value of any property sought to be recovered) is a just and true statement.

_____________________________________ (Signature of Defendant) Subscribed and sworn to before me this ______ day of __________________________, 20____. ______________________________________ Judge/Clerk/Notary

SUPPLEMENTARY INSTRUCTIONS TO SMALL CLAIMS DEFENDANTS (required by 1990 House Bill No. 2439, effective July 1, 1990)

TO SMALL CLAIMS DEFENDANTS: If you have a counterclaim the following instructions apply as to whether you must state your counterclaim against the plaintiff in this small claims case: If you have a claim against the plaintiff which arises out of the transaction or occurrence which is the subject of plaintiff's claim and your claim does not

exceed $4000.00, you must state you claim in the space provided on the form for "Defendant's Claim", and return it to the Judge or clerk of the court on or before the time set for trial. If your claim against the plaintiff exceeds $4000, you MAY state your claim in the space
provided on the form for "Defendant's Claim," but you are not required to do so. In determining whether or not your claim against the plaintiff exceeds $4000, do not include interest, costs, and any damages under K.S.A. 60-2610, but do include the value of any personal property sought to be recovered as determined by your estimate of its value under oath.

ORIGINAL ­ FOR DEFENDANT'S USE ACCORDING TO ABOVE INSTRUCTIONS

In The District Court of

County, Kansas

Case Number _____________ ________________________________________________________________________________________________________ Plaintiff ­ name and address Vs ________________________________________________________________________________________________________ Defendant ­ name and address

DEFENDANT'S CLAIM

Pursuant to Chap. 61 of K.S.A

INSTRUCTIONS: 1. As stated in the summons, if you have a claim against the plaintiff which arises out of the transaction or occurrence which is the subject of plaintiff's claim, and you claim does not exceed $4000.00, you may state your claim in the space provided below. In determining whether or not your claim against the plaintiff exceeds $4000.00, do not include interest, costs and any damages under K.S.A. 1989 Supp. 60-2610, but do include the value of any personal property sought to be recovered as determined by your estimate of its value under oath. 2. Be clear and concise in stating your claim. 3. If the value of your claim exceeds $4000.00 (not including interest, costs, and any damages awarded under K.S.A. 60-2610, but including the value of any personal property to be recovered, as determined by our estimate of its value under oath), the court must decide whether or not you may pursue the entire claim or only that portion not exceeding $4000.00. 4. If your claim exceeds $4000.00 and the court determines that you may not pursue the entire claim, at the hearing you have three alternatives: (1) Make no demand for judgment and reserve the right to pursue your entire claim in a court of competent jurisdiction. (2) Make demand for judgment of that portion of your claim which does not exceed $4000.00 and reserve the right to bring an action in a court of competent jurisdiction for any amount in excess thereof. (3) Make demand for judgment of that portion of your claim which does not exceed $4000.00 and waive your right to recover any excess. 5. When completed, this form must be filed with the clerk of the district court before the time stated in the summons for the trial. STATEMENT OF CLAIM: I, ________________________________, having read the instructions above, assert the following claim against, __________________________________________, plaintiff. _______________________________________________________________________________________________________________________ _______________________________________________________________________________________________________________________ _______________________________________________________________________________________________________________________ _______________________________________________________________________________________________________________________

DEMAND FOR JUDGMENT: Based on the claim stated above, judgment is demanded against plaintiff as follows: 1). Payment of $_________________, plus interest, costs and any damages awarded under K.S.A. 60-2610. 2) Recovery of the following described personal property, plus costs:

I, ____________________________________, hereby swear that, to the best of my knowledge and belief, the above claim asserted against the plaintiff, (including the estimate of value of any property sought to be recovered) is a just and true statement. _____________________________________ (Signature of Defendant) Subscribed and sworn to before me this ______ day of __________________________, 20____. _____________________________________ Judge/Clerk/Notary

SUPPLEMENTARY INSTRUCTIONS TO SMALL CLAIMS DEFENDANTS (required by 1990 House Bill No. 2439, effective July 1, 1990)

TO SMALL CLAIMS DEFENDANTS: If you have a counterclaim the following instructions apply as to whether you must state your counterclaim against the plaintiff in this small claims case: If you have a claim against the plaintiff which arises out of the transaction or occurrence which is the subject of plaintiff's claim and your claim does not

exceed $4000.00, you must state you claim in the space provided on the form for "Defendant's Claim", and return it to the Judge or clerk of the court on or before the time set for trial. If your claim against the plaintiff exceeds $4000, you MAY state your claim in the space
provided on the form for "Defendant's Claim," but you are not required to do so. In determining whether or not your claim against the plaintiff exceeds $4000, do not include interest, costs, and any damages under K.S.A. 60-2610, but do include the value of any personal property sought to be recovered as determined by your estimate of its value under oath.

DEFENDANT'S COPY

In The District Court of

County, Kansas

Case Number _____________ ________________________________________________________________________________________________________ Plaintiff ­ name and address Vs ________________________________________________________________________________________________________ Defendant ­ name and address

REQUEST FOR SERVICE

This is to request service of process in the above referenced case to the above named defendant as follows:

_____ _____

By Certified Mail By Personal Service

Dated:

__________________________________

__________________________________ Plaintiff

In The District Court of

County, Kansas

Case Number _____________ ________________________________________________________________________________________________________ Plaintiff ­ name and address Vs ________________________________________________________________________________________________________ Defendant ­ name and address

MOTION FOR ORDER OF DISMISSAL Comes now on this ____ day of ________________, _____. ____________________________, Plaintiff in the above entitled case, and states to the Court that it is his desire for the above entitled matter to be dismissed without prejudice toward the Defendant. ______________________________ Plaintiff

ORDER OF DISMISSAL On this ____ day of ________________________, 19___, on the motion of the Plaintiff now sustained, this case is dismissed by the Court without prejudice toward the Defendant.

________________________________ Judge of the District Court

In The District Court of

County, Kansas

Case Number _____________ ________________________________________________________________________________________________________ Plaintiff ­ name and address Vs ________________________________________________________________________________________________________ Defendant ­ name and address

NOTICE OF APPEAL TAKE NOTICE THAT the appellant, _______________________________, herein appeals to the District Court of ______________ County, Kansas from the Judgment of the District (Magistrate) Court, judgment in small claims.

________________________________ Appellant

****************************************************************************** REQUEST FOR TRIAL BY JURY APPELLANT does ____ does not ____ request that hearing on his appeal herein be set to a jury of ____ members. _________________________________ Appellant Dated this ____ day of ___________________, _____.

In The District Court of

County, Kansas

Case Number _____________ ________________________________________________________________________________________________________ Plaintiff ­ name and address Vs ________________________________________________________________________________________________________ Defendant ­ name and address

AFFIDAVIT SHOWING INDIRECT CONTEMPT
COMES NOW_______________________________, having been duly sworn under oath, and states to the court: That on ____ day of __________________, _____, the Court granted judgment against the _______________________ for the amount of $________________________. On the ____ day of ___________________, _____, a Statement of Assets form was sent to ______________________________, and a certificate of mailing of said form filed with the Clerk of the District Court. It has now been more than thirty (30) days since the mailing of the assets form and records show that the judgment has not been paid nor has he assets form been returned to the Court. WHEREFORE, the undersigned prays that the Court hear evidence in this matter and that _________________________ be found to be in indirect contempt for failing to comply with the orders of the Court and that he/she be punished for the violation of said orders. Subscribed and sworn before me this ____ day of ______________________, _____.

Clerk/Deputy of the District Court _______________________________________

In The District Court of

County, Kansas

Case Number _____________ ________________________________________________________________________________________________________ Plaintiff ­ name and address Vs ________________________________________________________________________________________________________ Defendant ­ name and address

SUMMONS IN INDIRECT CONTEMPT TO THE SHERIFF OF COUNTY, KANSAS:

You are hereby commanded to summon ______________________________________________ to be and appear in person before the Judge of the above named Court, County, Kansas on the ______________ day Of ______________, _______________ at _________o'clock __M., then and there to be confronted with an accusation in indirect contempt. Said ________________________________is hereby notified that and Affidavit In Indirect Contempt has been filed in this Court, and that unless an appearance is made at the time and place specified above, an attachment will be issued directing that said defendant be arrested and brought before the Court for such proceedings as is provided by law in such cases. This judgment to this date remains unpaid and unsatisfied. The affidavit state that defendant was sent a Statement of Assets form to be returned to the Clerk of the District Court within 30 days of receipt. To this date this has not been done. You will serve a true copy of this summons upon _________________________________, and return this summons with the endorsement of your doings hereon. IT IS SO ORDERED. _________________________________________ Deputy of the District Court

In The District Court of

County, Kansas

Case Number _____________ ________________________________________________________________________________________________________ Plaintiff ­ name and address Vs ________________________________________________________________________________________________________ Defendant ­ name and address

BENCH WARRANT TO ANY SHERIFF IN THE STATE OF KANSAS: GREETINGS: WHEREAS ______________________________ stands charged in the above court with the charge of indirect contempt. YOU ARE THEREFORE COMMANDED TO forthwith arrest said person and commit him to your custody and there to remain until duly and legally discharged by law; and make due to return of this writ. IN WITNESS WHEREOF, I have hereunto set my hand at my office in ____________________, Kansas on this _____day of ________________, _____________

____________________________________ District Judge

BOND: