Fee Waiver for Small Claims Court in Kansas — Poverty Affidavit Guide

When Court Fees Apply to Kansas Small Claims Defendants

Appearing at a Kansas small claims hearing to defend yourself costs nothing — there's no fee for showing up and presenting your case. Fees become an issue when you need to take an additional step:

• Filing a counterclaim: $47.50 for claims up to $500, or $67.50 for claims between $500.01 and $10,000.
• Filing an appeal: $195 for a Notice of Appeal under K.S.A. 61-2709.
• Subpoenaing witnesses: $10–$25 per witness plus a $15 sheriff service fee.

If you can't afford these fees, Kansas law provides a way to have them waived through a poverty affidavit.

What Is a Poverty Affidavit?

A poverty affidavit is a sworn financial statement you file with the District Court Clerk under K.S.A. 60-2001(b). It asks the court to waive or defer court fees because you don't have the income or assets to pay them.

The form asks for your income, assets, monthly expenses, debts, and the number of dependents in your household. You sign it under oath — lying on the form has legal consequences.

How to File

1. Get the form. Request the Poverty Affidavit (also called a Motion to Proceed Without Payment of Fees) from your local District Court Clerk's office or download it from the Kansas Judicial Branch self-help portal at kscourts.gov.

2. Fill it out completely. List all sources of income (wages, benefits, child support), monthly expenses (rent, utilities, food, medical), debts, and assets. Leave nothing blank — write "$0" or "none" where that's the answer. Incomplete forms get denied.

3. File it with the clerk. Submit the completed affidavit to the District Court Clerk in the county where your case is pending. You can file in person, by mail, or through the court's drop box. File it at the same time as the counterclaim or appeal it's meant to cover — don't wait.

4. Wait for the judge's ruling. The judge reviews your financial information and decides whether to grant the waiver. You'll receive a written order. If denied, you can ask the judge to reconsider.

What Gets Waived — and What Doesn't

If approved, a poverty affidavit can waive or defer court docket fees and judicial surcharges. Other costs are separate; ask the clerk which charges can be waived in your case:

• Sheriff service fees ($15 per address) for serving your counterclaim on the plaintiff.
• Witness fees and mileage if you subpoena someone.
• The obligation to appear at your hearing. A pending affidavit doesn't change your hearing date or excuse you from attending.

Timing Matters

File the poverty affidavit before or at the same time as the filing it's meant to cover. If you're filing a counterclaim, submit both together. If you're appealing a judgment, you have just 14 calendar days from judgment entry to file the Notice of Appeal — submit the affidavit alongside it. Missing the appeal deadline because you were waiting on a fee waiver ruling doesn't extend the deadline.

What Qualifies You

Kansas courts don't publish a specific income cutoff. The judge considers your overall financial situation: income relative to expenses, assets, dependents, and whether paying the fee would prevent you from accessing the court. People receiving public assistance (SNAP, Medicaid, SSI) generally qualify, but the judge has discretion.

If the Affidavit Is Denied

You'll need to pay the fee to proceed with your counterclaim or appeal. Ask the clerk about payment options — some courts accept credit cards in person. If the fee is for an appeal and the denial comes close to the 14-day deadline, pay the fee immediately and file the appeal to preserve your rights.

For a full walkthrough of the Kansas small claims response process — including counterclaim procedures, deadline tracking, and what to expect at the hearing — see the Kansas Small Claims Response Guide.

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