INSTRUCTIONS Small Claims

Transcription

1 INSTRUCTIONS Small Claims It is the litigant's responsibility to file the required forms provided by the court for the action being taken. The forms must be completed correctly for the court to take proper action. All forms are typed or completed in legible handwriting, preferably in blue or black ink. Your case will go to court in approximately 4 weeks. Neither the clerks nor the judge are permitted to give you legal advice. Reasonable accommodations will be provided in accordance with the Americans With Disabilities Act. To file a Small Claims action, you must file the following forms: 1. PETITION --- A sample is provided by the clerk's office or is included in this packet. Please provide phone numbers where the parties may be reached during the day. 2. SUMMONS --- You must fill out the plaintiffs name, address, and zip code and the defendant's name, address, and zip code exacly as it appears on the petition. 3. DEFENDANT'S CLAIM--- You must fill out the plaintiff's name and the defendant's name exactly as it apears on the petition. Nothing else on this form is to be filled out. Make copies of your exhibits before coming to court. The cost to file your petition is as follows: $ Up to $ $ Above $ up to $4000 maximum. A seperate check is required for each petition if you are filing more than one. Make checks payable to: Clerk of the District Court. We cannot accept combination payments (2 checks, check and cash, etc.) If paying by cash, please bring the exact amount of the filing fee. The cost for the Sheriff to serve your papers by personal service or certified mail is $5.00. This is in addition to the cost mentioned above. This fee may be paid by check or money order made payable to Sedgwick County Sheriff. This office cannot accept the sheriff's cash. If you choose to pay cash for the sheriff's fee, after filling out your paperwork and prior to the time of filing, cash payments will be accepted in the Sheriff's office located across the street in room 829, 525 N Main. Exact change will be required. After collection of the fees the papers will be stamped, a receipt issued and returned to the filer who will bring them back to the clerk's office to be filed. ***Please note: The costs to file your petition and the Sheriff's fee are seperate fees and are not to be paid with one check or money order. *** JOURNAL ENTRY OF DISMISSAL-- Do not send this form in when filing your claim. This form is included for your convenience. If you file your case, then settle it before going to court, you need to file the dismissal with the court. You may call the clerk's office for instructions to complete this form. If you wish to mail the forms, mail to: Clerk of the District Court Small Claims Department 510 N Main, Room 303 Wichita Ks If you have any questions concerning the filing of these forms, please contact the clerk's office for assistance at (316)

2 Small Claims Procedure If you wish to file a small claim, you must make sure that the Sedgwick County District Court is the correct court in which to file your claim. You may file your claim in Sedgwick County if the defendant lives in Sedgwick County, the defendant is served with a summons in Sedgwick County, the defendant was a resident of Sedgwick County at the time the action arose, the defendant is doing business in Sedgwick County (if you are filing against a business), or the property sought to be recovered is located in Sedgwick County. You must sue the proper party and serve your claim upon the proper person. You should name as a defendant the person or business that you feel is responsible for payment of your claim. If you are sueing an insurance company, you can only sue your own. Otherwise, you will sue the individual. Make sure you have the correct name and address of the person( s) or business you wish to sue. You can only sue for the recovery of money up to $ maximum or for the recovery of personal property valued up to $ maximum. You may file twenty (20) cases in a calendar year. Contact the defendant before you file your claim to determine if you can settle your case. If you can't, talk to the defendant again when you get to court. You may find that his/her only reason for contesting the claim is that he/she is unable to pay you. If so, try to work out a payment schedule. If you expect to win your case, you must be prepared. You should know to what you intend to testify ahead of time. The time for telling the judge all the reasons you believe you should win is before the judge rules, not after. If this were not the rule, cases would never end. If you have witnesses whose testimony you believe will help your case, you must have them testify in court. Hearsay and written statements are not permitted. Contact your witnesses and ask them to voluntarily come to court. If they won't, you should fill out a subpoena to be issued by the clerk as soon as the defendant has been served. However if it is at least ten (I 0) days before court and you still have not been notified that the defendant has been served, you will need to proceed in getting your subpoenas issued. A witness shall receive ten dollars ($10.00) per day for attendance and the mileage allowed by law if the witness has to travel one(!) mile or more to and from court. These fees are to be paid to the witness by the person filing the subpoena by attaching to the subpoena a personal check, cashier's check, or money order made payable to the witness. There is also a separate $5.00 fee for the sheriff to serve the subpoena. Make check or money order payable to Sedgwick County Sheriff. No cash will be accepted. Even though you are not an attorney, you will be expected to show the same respect for the court that attorneys are expected to show. Be on time. Cases are called at the start of the court session. If you are not present when your case is called, the case may be dismissed. You have only one chance to present your case during the trial. The defendant may file a counterclaim at the time of the trial, so make sure you are prepared to defend any counterclaim that the defendant may have that arises out of the same action. After you have presented your case, the judge will state his ruling and the reasons for it. If you disagree with it you may appeal, but you should not argue with the judge. If you wish to appeal, there is a filing fee of one hundred seventy five dollars and fifty cents ($180.00) and you may get an attorney. An appeal is filed in the small claims clerk's office.

3 A court date will be continued only in cases of extreme personal hardship. If you cannot be in court on the day set for trial, you must contact the other party and try to agree to a continuance, then both parties need to notify the clerk's office that you have agreed to a new date and time. Court is held on Tuesday (9:00a.m. & 1:30 p.m.), Wednesday (9:00a.m. only) and Thursday (9:00a.m. & 1:30 p.m). If you cannot agree, you must notify the clerk's office at least seven (7) days before the court date. If the time frame permits, the clerk may grant a continuance or the judge may grant a continuance at his discretion. All judgments should be paid through the court and a case number should be put ou all checks so the payment will be credited to the correct party. It is the responsibility of the judgment creditor (the person to whom the judgment is owed) to file a "Satisfaction of Judgment" and the judgment debtor's (the person who owed the judgment) responsibility to make sure it has been filed when the judgment has been paid in full.

4 COLLECTING A JUDGMENT SMALL CLAIMS PROCEDURE THE COURT/CLERK DOES NOT COLLECT JUDGMENTS. THE JUDGMENT CREDITOR IS RESPONSIBLE FOR THE COLLECTION OF THE JUDGMENT. If you have been granted a judgment on your claim or counter-claim, the party against whom it has been granted has a legal obligation to pay it if he does not appeal the judge's decision in 10 working days from the date of judgment. If the party does not pay there are legal remedies available that may assist you in collecting the judgment. After judgment, attorneys may appear on behalf of the parties in Small Claims Court. THE MOST COMMON MEANS OF COLLECTING A JUDGMENT JUDGMENT DEBTOR FORM: This is a disclosure statement of the debtor's assets. Within 15 days from the date of judgment, if judgment has not been paid, you shall mail (unless previously given) this form together with a copy of the judgment to the debtor and provide proof of mailing to the clerk's office. The debtor has 30 days to complete this form and mail it to the clerk. GARNISHMENT: A garnishment is an Order of the Court directing a garnishee (one who owes money to the debtor) to pay all or part of the money to the judgment creditor or into the court. Ifthe garnishment is not contested, the money will be applied to the judgment. ATTACHMENT: An attachment is an order directing the sheriff to attach non-exempt property of the debtor. After all legal requirements have been met, the property may be sold by the sheriff to pay off the judgment. ORDER TO APPEAR: An Order to Appear for Hearing in Aid of Execution is a court proceeding during which you may question the debtor concerning his assets. You will need to fill out the form, the clerk will set a hearing date, and the debtor will be served to appear in court. You will be permitted to ask questions concerning the debtor's employment, bank accounts, etc. CONTEMPT OF COURT: If the debtor does not appear on the order to appear for hearing in aid of execution, after being properly served, or does not complete and return the Judgment Debtor Form, the Judge may order a Citation for Contempt to be issued. You will need to fill out the form, the clerk will set a hearing date, and the debtor will be served to appear in court. BENCH WARRANT: If the debtor is PERSONALLY served with the Citation for Contempt and still does not appear, the Judge may order that a bench warrant be issued which orders the sheriff to arrest the debtor and bring him before the Court for examination of assets (the bench warrant is not issued for the failure to pay). You will need to fill out and sign the bench warrant and fill out the information sheet. You must have the date of birth, race and sex for the sheriff to process the warrant. Forms used to start these proceedings are available from the clerk, Small Claims Department, Sedgwick County Historical Courthouse, 510 N. Main, Room 303, Wichita, Kansas (316) (REFERENCE ONLY PS-1 070)

5 CIVIL DEPARTMENT YOUR NAME OR COMPANY NAME YOUR STREET ADDRESS {Address) CITY {Cily) STATE {Slate) vs PERSON OR COMPANY YOU ARE FILING AGAINST STREET ADDRESS CITY PURSUANTTO CHAPTER 61 OF KANSAS STATUTES ANNOTATED STATE Pfainlifl(s) DAYTIME # WHERE YOU CAN BE (Phone Number) REACHED MUST HAVE ZIP CODE Defendanl{s) DAYTIME PHONE # (Phone Number) MUST HAVE ZIP CODE PETITION (Small Claims Procedure) CASE NO. SAMPLE INSTRUCTIONS TO PLAINTIFF: 1. State the claim you have against the defendant(s) in the space provided. Be clear and concise. 2. Your total claim against defendant(s) may not exceed $4,000, not including interest, costs and any damages awarded under K.S.A Supp and amendments thereto. If you are seeking the recovery of personal property, the value of that property shall be based on your estimate of its value under oath. 3. You must be present in person at the hearing in order to avoid default judgment against you on any claim defendant(s) may have which arises out of the transaction or occurrence which is the subject to your claim against the defendant{s}. 4. You must make demand for judgment in one or both of the spaces provided below. 5. Neither you nor the defendant(s) is permitted to appear with an attorney at the hearing. 6. You may nol file more than twenty (20) small claims under the small claims procedure act in this court during any calendar year. 7. After completing this form, you must subscribe to the following oath. STATEMENT OF CLAIM: Plaintiff, having read the instructions above, asserts the following claim against the above defendant(s): REASON YOU ARE FILING THIS CLAIM (JUST A SHORT SIMPLE REASON) YOU WILL GO INTO DETAIL WHEN YOU GO TO COURT. YOU MAY WANT TO INCLUDE THE DATE OF THE INCIDENT. DEMAND FOR JUDGMENT: Based on the claim stated above, judgment is demanded against defendant as follows: I<****** IF YOU ARE SUEII\IG FOR mdfle'r' Dfll'r', USE #1 BELOW, FOR THE AMOUNT YOU THIIIIK YOU ARE E~ITLED TO 1. Payment of$, plus 1n!eresl, costs and any damages awarded under K.S.A Supp and amendments thereto. I<****** IF YOU WA~ Pf\DPEF\T'r' f\etuf\fled THAT THEY HAVE OF YOURS, USE #2 BELOW. if THERE IS 1110 PROPERTY 2. Recovery of lhe lollowrng descnbed personal property, plus costs: J() BE Rl:fU, oth\rtfi:"juj-t);stfflll\liltg~----- PROPERTY TO BE REfURI\IED, BE EXACT. This property has an estimated value of$ I<****** IF YOU WA~ mdfle'r' f\fl[]/df\ Pf\DPEF\T'r' Flllll\1 #1 Al\10 #2. TOTALI\IOT TO EXCEED $4, The plaintiff, hereby declares under penalty of perjury under the laws of the State of Kansas that, to the best of plaintiffs 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 delendant(s) may have. Execuled on :T:..:O::.:D:::Ac:Y.:.'_:S:...::D.:..:A:.:T.::E:. D SIGN YOUR NAME Signature of Plainlill THE SHERIFF WILL SERVE THE SUMMONS BY CERTIFIED MAIL UNLESS OTHERWISE REQUESTED. Indicate this box to request conventional sheriff or process server service of the summons and not certified mail service. If you do not mark this box the sheriff may make certified mail service or you may make certified mail service. Follow strict terms of the "returns" on the summons forms if you make the service yourself. REASONABLE ACCOMMODATIONS WILL BE PROVIDED IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. CIVIL SC NO.2 (6194) (REFERENCE ONLY PS 223)

6 CIVIL DEPARTMENT Plaintilf(s) (Phone Number) VS Defendant(s) CASE NO. (Phone Number) PURSUANT TO CHAPTER 61 OF KANSAS STATUTES ANNOTATED PETITION (Small Claims Procedure) INSTRUCTIONS TO PLAINTIFF: 1. State the claim you have against the defendant(s) in the space provided. Be clear and concise. 2. Your total claim against delendant{s) may not exceed $4,000, not including interest, costs and any damages awarded under K.S.A Supp 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. 3. 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 to your claim against the defendant(s). 4. You must make demand for judgment in one or both of the spaces provided below. 5. Neither you nor the de!endant(s) is permilled to appear with an allorney at the hearing. 6. You may not file more than twenty (20) small claims under the small claims procedure act in this court during any calendar year. 7. After completing this form, you must subscribe to the following oath. STATEMENT OF CLAIM: Plaintiff, having read the instructions above, asserts the following claim against the above defendant(s): DEMAND FOR JUDGMENT: Based on the claim stated above, judgment is demanded against defendant as follows: 1. Payment of $, plus interest, costs and any damages awarded under K.S.A Supp and amendments thereto. 2. Recovery of the following described personal property, plus costs: This properly has an eslimated value ol$ The plainliff, hereby declares under penalty of perjury under the laws of the State of Kansas that, to the best of plaintiffs 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. Execuled on Signature of Plain/iff D Indicate this box to request conventional sheriff or process server service of the summons and not certified mail service. If you do not mark this box the sheriff may make certified mail service or you may make certified mail service. Follow strict terms of the "returns' on the summons forms if you make the service yourself. REASONABLE ACCOMMODATIONS WILL BE PROVIDED IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. CIVIL SC NO.2 (6194) -(REFERENCE ONLY PS-223)

7 CIVIL DEPARTMENT Plaintiff(s) vs Defendant(s) CASE NO. SUMMONS (Small Claims Procedure) To the above named defendant: 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 served upon you with this summons. A trial will be held on this matter at o'clock.m., on the day of, 20, in Room 303, 3rd Floor of the District Court at the Historic County Courthouse, 510 N. Main, Wichita, Kansas. You must be present in person at the trial or a judgment by default will be entered against you. Neither you nor the plaintiff is permitted to appear with an attorney. If your defense is supported by witnesses, books, receipts or other 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 at once for assistance. If you admit the claim, but desire additional time to satisfy 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 $4,000, you must complete the form for "Defendant's Claim," which accompanies this summons, and return it to the judge or clerk of the court on or before the time set for the trial. If your claim against plaintiff exceeds $4,000, you may complete and return the form for "Defendant's Claim" on or before the time set for trial. To the Sheriff of Sedgwick County, Kansas, This summons must be served and your return of service made promptly; in any event, your return is due no later than five days, excluding intervening Saturdays, Sundays and holidays, before the date stated in the summons for the defendant to either appear or plead to the petition. Dated:,20 REASONABLE ACCOMMODATIONS WILL BE PROVIDED IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. Clerk of the District Court of Sedgwick County, Kansas By, Deputy RETURN ON SERVICE OF SUMMONS I hereby certify that l have served this summons: (1) (Personal Service.) By delivering a copy of the summons and a copy of the petition to each of the following defendants on the dates indicated: (2) (Residence Service.) By leaving a copy olthe summons and a copy of the petition at the usual place of residence of each of the following defendants on the dates indi cated: (3) (No Service.) The following defendants were not found in this county: I declare (verify, certify or state) under penalty of perjury that the foregoing return of service is true and correct. Executed on SIGNATURE OF law ENFORCEMENT OFFICER (Small Claims) (Rev. 1 0/99) (Reference Only PS-197) PRINT NAME OF law ENFORCEMENT OFFICER

8 CIVIL DEPARTMENT Plaintiff(s) vs PURSUANT TO CHAPTER 61 OF KANSAS STATUTES ANNOTATED Delendant(s) DEFENDANT'S CLAIM Small Claims Procedure CASENO. 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 your claim does not exceed $4,000, you must state your claim in the space provided below. II your claim against the plaintiff exceeds $4,000, you may state your claim in the space provided below. In determining whether or not your claim against the plaintiff exceeds $4,000, do not include interest, costs and any damages under K.S.A Supp and amendments thereto, 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 $4,000 {not including interest, costs and any damages awarded under K.S.A Supp and amendments thereto, but including the value of any personal property sought to be recovered, as determined by your estimate of its value under oath), the court must decide whether you may pursue your entire claim or only that portion not exceeding $4, If your claim exceeds $4,000 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 $4,000 and reserve the right to bring an action in a court of competent jurisdiction for any amount in excess thereof; or (3) Make demand for judgment of that portion of your claim which does not exceed $4,000 and waive your right to recover any excess. 5. When completed, this form must be filed with the judge or the clerk of the court on or before the time stated in the summons for the trial. STATEMENT OF CLAIM: against: I , having read the instructions above, assert the following claim, plaintiff: DEMAND FOR JUDGMENT: Based on the claim stated above, judgment is demanded against plaintiff as follows: 1. Payment of$, plus interest, costs and any damages awarded under K.S.A Supp and amendments thereto. 2. Recovery of the following described personal property, plus costs: This property has an estimated value of$ 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 Defendant REASONABLE ACCOMMODATIONS WILL BE PROVIDED IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT (Rev ) (Reference Only PS-222)

9 vs. Plaintiff(s) Case No. Defendant(s) JOURNAL ENTRY OF DISMISSAL Now, on this day of , 20 the same being a regular day of the District Court, this cause comes on to be heard on the motion of the to dismiss this cause with prejudice at the cost of the IT IS THEREFORE ORDERED AND ADJUDGED by the court that this cause be and the same is hereby dismissed with prejudice at the cost of the , herein, taxed at$ for which amount let execution issue. Attorney for Plaintiff Attorney for Defendant JUDGE CIVIL-NO 5 (12192} (REFERENCE ONLY PS-903)