How to File a Counterclaim in Kansas Small Claims Court

When a Counterclaim Makes Sense

A counterclaim lets you turn the tables. If the plaintiff owes you money from the same transaction they're suing you over, you can file a Defendant's Claim and have the judge decide both sides at the same hearing.

Common examples: a landlord sues you for unpaid rent, but you're owed a security deposit back. A contractor sues for the balance on a job, but you paid for work that was never finished. A buyer sues over a used car sale, but they still owe you money from the deal. If your claim connects to the same set of facts, it qualifies.

The Defendant's Claim Form

Kansas uses a standardized Defendant's Claim form available for free at kjc.ks.gov. The form asks for:

• Plaintiff and defendant contact information
• The exact dollar amount you're claiming (capped at $10,000 under K.S.A. 61-2703)
• A concise statement of facts explaining why the plaintiff owes you
• Your signature under penalty of perjury or before a notary

Some judicial districts — including Leavenworth County — require forms to be notarized or executed before the clerk. Check with your local District Court Clerk about their specific requirements.

Filing Fees

The counterclaim filing fee depends on how much you're claiming:

• $47.50 for claims up to $500 (includes the $12.50 judicial surcharge)
• $67.50 for claims between $500.01 and $10,000 (includes the $12.50 judicial surcharge)

If you can't afford the fee, you can file a Poverty Affidavit under K.S.A. 60-2001(b) asking the court to waive the docket fee. The judge reviews your income, assets, and liabilities — approval isn't guaranteed, but the option exists.

The Timing Question

K.S.A. 61-2705 allows you to present a counterclaim at trial. Some local clerk packets, including those in the 1st and 8th Judicial Districts, recommend submitting the Defendant's Claim about 7 days before the hearing so the clerk can mail a copy to the plaintiff. If the plaintiff sees your counterclaim for the first time in court, the judge may grant a continuance to give them time to prepare. That delays everything.

Filing early also gives the clerk time to process your paperwork and collect the docket fee. Some counties accept filings by mail (with a check enclosed), in person, by drop box, or by fax.

What If Your Claim Exceeds $10,000?

If what you're owed is more than the small claims cap, K.S.A. 61-2706(b) says the court may decide your entire claim if it is within the court's general jurisdiction. If the court declines to decide the full claim, you must be allowed to choose among these options:

1. Reserve the full claim — make no demand for judgment in small claims and reserve the right to pursue the entire claim in a court of competent jurisdiction
2. Claim up to $10,000 and reserve the excess — seek judgment for no more than $10,000 in small claims and reserve the right to bring a separate action for the excess
3. Waive the excess — limit your counterclaim to $10,000 and give up the right to recover the rest

Most defendants in the $10,000 to $15,000 range waive the excess to keep things simple. For larger amounts, reserving the claim for a separate action may make more financial sense.

After Filing

Once the clerk processes your Defendant's Claim, both the original lawsuit and your counterclaim will be heard at the same hearing. The judge hears the plaintiff's case first, then your defense and counterclaim together. Bring all the evidence supporting both your defense and your own claim — three copies of everything.

The Kansas Small Claims Response Guide walks you through filling out the Defendant's Claim form, calculating the right filing fee, and preparing your evidence for both sides of the case.

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