Defendants Claim printable pdf download

K.S.A. 61-2713(c)

Small Claims - Defendant’s Claim

(7/1/05)

IN THE

JUDICIAL DISTRICT

DISTRICT COURT OF

COUNTY, KANSAS

)

Plaintiff,

)

Case No. _________

)

Defendant.

)

Proceeding Pursuant to K.S.A. Chapter 61

DEFENDANT'S CLAIM

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. If 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. 60-2610 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. 60-2610 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 $4,000.

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.

Defendants Claim