Kansas Small Claims Court Fees for Defendants: What You'll Actually Pay
Defending Costs Nothing Upfront
If you're a defendant in Kansas small claims court and you're just showing up to dispute the claim, you pay zero. There's no filing fee for appearing, no docket fee for defending yourself, and no charge for presenting your case at the hearing. The plaintiff paid the filing fee when they initiated the lawsuit.
Fees come into play only when you take additional action — filing a counterclaim, subpoenaing witnesses, or appealing a decision.
Counterclaim Filing Fees
If you want to file a Defendant's Claim (counterclaim) against the plaintiff, the fee depends on the amount you're claiming. These are the current rates under K.S.A. 61-2704 and Supreme Court Administrative Order 2026-FN-071, effective through June 30, 2030:
| Counterclaim Amount | Base Docket Fee | Judicial Surcharge | Total |
|---|---|---|---|
| Up to $500 | $35.00 | $12.50 | $47.50 |
| $500.01 to $10,000 | $55.00 | $12.50 | $67.50 |
If you've seen $26 or $46 mentioned on older websites, those are outdated. The current fees include a mandatory judicial branch surcharge that older sources don't account for.
Witness Subpoena Fees
If you need a reluctant witness to testify at your hearing, you'll request a Witness Subpoena from the court clerk. The costs include:
- Statutory witness fee: $10 to $25 depending on the judicial district
- Mileage: compensated per mile traveled
- Sheriff service fee: $15 if the sheriff delivers the subpoena in person
Submit the subpoena request to the clerk 10 to 14 days before your hearing to give the sheriff enough time for service.
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Appeal Filing Fee
If you lose and want to appeal under K.S.A. 61-2709, the fee is $195. This files a Notice of Appeal that moves your case to a District Judge for a completely new trial (de novo). You have exactly 14 calendar days after judgment entry to file — miss that window and you permanently lose the right to appeal.
If the other side wins on appeal, K.S.A. 61-2709(a) also requires the court to award the appellee's reasonable attorney fees incurred on appeal as part of costs.
Fee Waivers Through the Poverty Affidavit
If you can't afford counterclaim or appeal fees, Kansas allows you to apply for a fee waiver by filing a Poverty Affidavit under K.S.A. 60-2001(b). The form asks about your income, assets, debts, and monthly expenses. A judge reviews it and decides whether to waive or defer your fees.
A few things to know about the waiver process:
- It covers court docket fees and judicial surcharges
- It doesn't cover sheriff service fees — those are paid separately
- A pending affidavit doesn't excuse you from attending your hearing
- Approval isn't automatic — the judge has discretion
The Poverty Affidavit form is free from kjc.ks.gov or your local District Court Clerk's office.
Where Costs Can Surprise You
Court costs awarded in the judgment are separate from your filing fees. If you lose, the judge can add the plaintiff's filing fee and service costs to the judgment amount. If you win a counterclaim, you can ask the judge to include your filing fee in the award.
The Kansas Small Claims Response Guide includes a complete fee breakdown and Poverty Affidavit walkthrough, so you know every cost before you step into the courthouse.
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