Small claims cases are heard on Mondays and Tuesdays.
Cases for the recovery of money or property up to a jurisdictional limit of $4,000
may be filed in the Small Claims Division.
Attorneys are not allowed to represent parties in small claims proceedings prior
to the entry of judgment.
The small claims division of the Court Clerk's Office is located iwithin the Self-Help Center
of the Johnson County Courthouse.
Please see the Self-Help Center
page for hours.
Phone number: (913) 715-3354
Email: [email protected]
Small Claims
Any forms you need to complete MUST be downloaded to your device, completed, saved and then returned to clerk.
NEW REQUIREMENT
This form Self Represented Litigant
MUST be filled out and included with every form submitted.
Read this for an explanation Self Represented Litigant form explanation
FORMS -
ALL FORMS MUST BE EITHER HAND PRINTED OR TYPED.
MOTIONS
- Motion to Set Aside Default Judgment - Fillable
- Motion Form - Fillable
- Motion for Continuance - Fillable
- Motion and Order for Citation - Fillable
- Motion/Order for Hearing in Aid of Execution - Fillable
- Motion/Order for Process Server - Fillable
- Motion to Set Aside Dismissal - Fillable
ORDERS
GARNISHMENT RELATED DOCUMENTS
- Non-wage garnishment Packet
- Wage garnishment Packet
- Order to Pay Garnishment Proceeds to Creditor - Fillable
- Garnishee Failure to Answer - Fillable
- Release of Garnishment - Fillable
MISCELLANEOUS
Petition: -
ALL FORMS MUST BE EITHER HAND PRINTED OR TYPED.
- You must make a demand for judgment in one or both of the spaces provided.
- Your total claim against the defendant(s) may not exceed $4,000, not including interest, costs, and damages awarded under K.S.A. 60-2610 and amendments thereto. If you are seeking the recovery of personal property, the value of that property shall be based on your estimate of its value under oath.
- State the claim you have against the defendant(s) in the space provided. Be clear and concise.
- You must be present in person or by video conference 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 to your claim against the defendant(s).
- Except as provided by law, neither you nor the defendant(s) is permitted to appear with an attorney at the hearing.
- You may not file more than twenty (20) small claims under the small claims procedure act in this court during any calendar year.
Request and Service Instruction Form
Please fill in the plaintiff and defendant fields. Please issue a: Summons and Petition (is filled in for you).
In this Action for: (defendant’s name or person you are wanting served). Whose address for service is: (address where the defendant can be served.)
A. Service through the Sheriff of _______ County, State of ________.
Returns may be faxed to (913) 715-3401 7 days a week – 24 hour a day.
If you select A – there is a $15 service fee per address for all counties in Kansas.
• If it is out of state, you must call that county and find out what they charge
for a service fee.
You can submit separate checks or combine the fee with the filing fee and send in one check.
SHERIFF’S FEE CAN BE PAID BY: Cash, Personal Check, Money Order, Cashier’s Check, or
Credit Card (Visa, Mastercard or Discover)
If you select credit card there is an additional $4.95 fee and the credit card slip must be
filled out and sent in along with filing.
B. Service by an authorized process server.
If you select B – that means you have to hire a process server to serve the defendant the paperwork. After the case is created, we will issue a service packet (petition, defendant’s claim and summons) to the email address that you have on file. It is your responsibility to get it to the process server that you hired. You will also need to complete a Motion and Order for Appointment of Special Process Server before service can be issued.
C. Certified mail with a Return Receipt service by the undersigned litigant or attorney, who understands that is their responsibility to obtain service and to make the
return to the clerk. The postal “green card” for service must be filed with the Clerk’s office to prove service.
- If you select C to serve the documents by certified mail with return receipt you have to have an address for the defendant. This costs less, but you take the responsibility to get the return receipts filed with the court to prove service on each party served.
-
You prepare the envelope with the “green tag” from the US Postal Service.
-
You pay a price for the delivery by certified mail, return receipt requested.
-
Show your address as the place to return the “green tag”.
-
Mail it at the US Post Office.
-
Soon after, you may receive the green tag (return receipt) with the signature of the defendant.
-
Complete a "Return of Service by Certified Mail" form and attach the green card. (The form is located on our website).
-
If it is returned “undelivered” from the Post Office, you have not successfully served that defendant and you must try another method of service.
-
Sign the return, email or fax it to the Clerk of the Court, before the hearing.
-
form of service is only difficult when people to whom the notice is delivered by the US Postal Service will not go to the Post Office to retrieve the letter.
-
mailing the notice is not good enough. The person must go to the Post Office to sign for the letter.
D. Certified mail service by the Sheriff of Johnson County Kansas. Sheriff of Johnson County does not do Out-of-state service by certified mail.
If you select D – there is a $15 service fee per address that is paid to the county where the service is being completed.
Please sign and complete the address, telephone and email information.
The office will assign a hearing date when the case is created and given a case number.
Civil Information Sheet:
- This document is used to create the case. The information contained in this document is kept confidential and not for public view.
- You need to include all information about yourself and about each defendant in your case.
HOW TO SUBMIT YOUR COMPLETED SMALL CLAIMS CASE PACKET
If filing documents that require payment, you may:
Fax: Please complete the
FAX COVERSHEET/PAYMENT SLIP
using the link. Fax the DOCUMENTS you need to file and the FAX COVERSHEET/PAYMENT SLIP to: 913-715-3405
**Paying by card, whether in fax or in person, has a $4.95 processing fee.**
In person or Mail:
Civil Clerk
150 W. SANTA FE STREET
OLATHE KS 66061
(Card, Cash (in person only), Check, or Money Order make payable to:
CLERK OF THE DISTRICT COURT)
If filing documents that do NOT require payment, you may email them to
[email protected] or fax them at 913-715-3401,
You may also file in person or by mail.
We will not accept payment via email.
| Small Claims Fees (Effective July 1, 2015) |
| |
Fee
|
Surcharge
|
Total
|
| Small Claims $500 or less
|
$36.50*
|
$12.50
|
$49.00
|
| Small Claims $500.01 - $4,000
|
$56.50*
|
$12.50
|
$69.00
|
| Small Claims Appeal
|
$174.50*
|
$22.00
|
$196.50
|
| *Includes an additional $1.50 law library fee under the authority of KSA 20-3129(b).
|