IN THE DISTRICT COURT OF [__] COUNTY, KANSAS

SMALL CLAIMS DIVISION

Case No. _______

SMALL CLAIMS PETITION FOR MONETARY DAMAGES

(K.S.A. 61-2701 et seq.)

[// GUIDANCE: This template is drafted to comply with the Kansas Small Claims Act. Insert or delete bracketed text as appropriate. Review local district court rules for additional formatting or service requirements.]

TABLE OF CONTENTS

I. Document Header ............................................... 1
II. Definitions ................................................... 2
III. Operative Provisions ......................................... 3
IV. Representations & Warranties .................................. 4
V. Covenants & Restrictions ...................................... 5
VI. Default & Remedies ............................................ 5
VII. Risk Allocation .............................................. 5
VIII. Dispute Resolution .......................................... 6
IX. General Provisions ............................................ 6
X. Execution Block ............................................... 7

Page numbers assume final formatting in word-processing software.

I. DOCUMENT HEADER

1. Parties
   1.1 Plaintiff: [Plaintiff Full Legal Name] (“Plaintiff”)
   Address: [Street Address, City, State, ZIP]
   Telephone: [XXX-XXX-XXXX]
   1.2 Defendant: [Defendant Full Legal Name] (“Defendant”)
   Address: [Street Address, City, State, ZIP]
   Telephone: [XXX-XXX-XXXX]

2. Jurisdiction & Venue
   2.1 This Petition is brought pursuant to the Kansas Small Claims Act, K.S.A. 61-2701 et seq.
   2.2 Venue is proper in this court because [state basis: e.g., Defendant resides in this county / the transaction occurred in this county].
   2.3 The amount in controversy does not exceed $4,000.00, exclusive of interest, costs, and allowable statutory fees, as required by K.S.A. 61-2703(a).

3. Effective Date
   3.1 This Petition is deemed filed on the date the Clerk of the District Court accepts it for docketing.

II. DEFINITIONS

For purposes of this Petition, the following capitalized terms shall have the meanings set forth below:

“Act” means the Kansas Small Claims Act, K.S.A. 61-2701 et seq.
“Claim” means the monetary demand asserted herein, including any ancillary relief expressly permitted under the Act.
“Costs” means court costs, docket fees, service fees, and other costs recoverable under applicable law.
“Interest” means statutory post-judgment interest accruing under K.S.A. 16-204, if awarded.

[// GUIDANCE: Expand or edit definitions as needed; cross-reference consistently.]

III. OPERATIVE PROVISIONS

4. Statement of Claim
   4.1 On or about [Date], Defendant [briefly describe wrongful conduct—e.g., failed to pay for goods delivered under invoice #12345].
   4.2 As a direct and proximate result, Plaintiff has been damaged in the principal amount of $[__].

5. Prayer for Relief
   5.1 Plaintiff demands judgment against Defendant as follows:
   (a) Principal amount: $[__] (not to exceed $4,000.00);
   (b) Pre-judgment and post-judgment Interest as allowed by law;
   (c) Costs of this action; and
   (d) Such other and further relief as the Court deems just and equitable under the Act.

6. Notice of Potential Default
   6.1 Failure of Defendant to appear at the hearing may result in a default judgment pursuant to K.S.A. 61-2704(b).

IV. REPRESENTATIONS & WARRANTIES

7. Plaintiff represents, warrants, and verifies that:
   7.1 The Claim is brought in good faith and is not frivolous or filed for an improper purpose.
   7.2 The Claim is within the jurisdictional and monetary limits of the Act.
   7.3 No other action involving the same parties and same transaction or occurrence is pending in any other court.
   7.4 The foregoing statements are true and correct to the best of Plaintiff’s knowledge, information, and belief.

V. COVENANTS & RESTRICTIONS

8. Plaintiff covenants that any recovery in excess of the statutory limit will be deemed waived to maintain the action in small claims.
9. Plaintiff agrees to provide copies of all supporting documents to Defendant at least [___] days before the hearing, consistent with local rule requirements.

VI. DEFAULT & REMEDIES

10. Events of Default
    10.1 An Event of Default occurs if Defendant fails to:
    (a) Appear at the scheduled hearing; or
    (b) Comply with any settlement or court-approved payment arrangement.

11. Remedies
    11.1 Upon an Event of Default, Plaintiff may seek:
    (a) Entry of default judgment;
    (b) Issuance of garnishment or other post-judgment collection remedies allowed by law; and
    (c) Recovery of additional Costs incident to enforcement.

VII. RISK ALLOCATION

12. Limitation of Recovery
    12.1 Recovery is capped at the small claims jurisdictional limit pursuant to K.S.A. 61-2703(a).
    12.2 No indemnification or injunctive relief is sought, consistent with the limitations of the Act.

VIII. DISPUTE RESOLUTION

13. Governing Law & Forum
    13.1 This dispute is governed exclusively by Kansas law.
    13.2 The Small Claims Division of the District Court for [__] County, Kansas is the exclusive forum.

14. Appeal Rights
    14.1 Either party may appeal an adverse judgment to the District Court within 14 days of entry of judgment in accordance with K.S.A. 61-2709.
    14.2 Trial on appeal is de novo; docket fees and any required bonds must be paid by the appealing party.

[// GUIDANCE: Advise clients that appeal deadlines are jurisdictional—missing them forfeits review.]

IX. GENERAL PROVISIONS

15. Amendment
    15.1 Plaintiff may amend this Petition only with leave of court as provided by K.S.A. 61-2703(e).

16. Severability
    16.1 If any provision of this Petition is held invalid, the remaining provisions shall remain in full force to the extent not inconsistent with Kansas law.

17. Integration
    17.1 This Petition contains the entire statement of Plaintiff’s Claim and supersedes any prior oral or written statements relating thereto.

X. EXECUTION BLOCK

Verification (Unsworn Declaration under K.S.A. 53-601)
I declare under penalty of perjury under the laws of the State of Kansas that the foregoing is true and correct.

Executed on this ___ day of _, 20, at ____, Kansas.

[Plaintiff Printed Name]

[Plaintiff Signature]

Certificate of Service
I certify that on the ___ day of _, 20, a true and correct copy of the foregoing Petition was [ ] hand-delivered / [ ] mailed via first-class U.S. Mail, postage prepaid, to:

Defendant: ______
Address: _________

[Plaintiff Signature]

[// GUIDANCE: In many Kansas counties, the clerk—not the plaintiff—serves the petition. Delete this Certificate if local practice places service responsibility solely on the clerk.]

[// GUIDANCE:
1. Confirm the current monetary limit (presently $4,000, exclusive of interest and costs) before filing.
2. Attach any invoices, contracts, or other exhibits as separate documents and reference them in Section 4.
3. File the original plus the number of copies required by the clerk; pay the statutory docket fee at filing.
4. After judgment, consult K.S.A. Chapter 60 article 7 for garnishment procedures if needed to collect.
]