Kansas Small Claims Default Judgment: What Happens and How to Set It Aside

How Default Judgments Happen in Kansas Small Claims

A default judgment may be entered when a defendant doesn't show up. The judge reviews the plaintiff's petition and sworn testimony or affidavit evidence, then may enter the relief requested plus statutory court costs. No phone call or warning letter is required, and there may not be a second hearing. Under K.S.A. 61-2705, appearing at the hearing is the defendant's primary obligation — and missing it puts the defendant at risk of losing by default.

This isn't theoretical. Sedgwick County courts in Wichita enforce strict check-in policies at docket call. If your name is called and you're not physically present in the courtroom, the judge can declare you in default on the spot.

What a Default Judgment Means for You

Once the judgment is entered into the court docket, the plaintiff becomes a judgment creditor with collection tools at their disposal. In Kansas, that includes wage garnishment, bank account levies, and liens on real property. Post-judgment interest also starts accruing automatically under K.S.A. 16-204 — 7.75% per year for July 1, 2026, through June 30, 2027.

Unless the judgment has been paid, the judgment order must require you to submit a verified Statement of Assets to the District Court Clerk within 30 days after receiving the form. The judgment creditor must mail you the judgment and form within 14 days after entry. If you fail to submit the statement, the court may hold you in contempt on the creditor's motion.

Filing a Motion to Vacate the Default

The path to undoing a default judgment runs through K.S.A. 61-3301 and 61-3302, which govern post-judgment relief in Chapter 61 limited actions. You need to file a written Motion to Vacate / Set Aside Default Judgment with the District Court Clerk and demonstrate valid grounds.

The courts recognize several bases for setting aside a default:

• Improper service — the summons was never properly delivered to you
• Excusable neglect — a genuine emergency prevented your appearance (hospitalization, car accident, not "I forgot")
• Mistake or inadvertence — you reasonably misunderstood the hearing date or location
• Fraud — the plaintiff made misrepresentations in obtaining the judgment

Under K.S.A. 61-3301(c), if you seek to set aside a default judgment for failure to appear, you must file within 14 days of judgment if you were personally served in Kansas, or within 45 days if you were not personally served within Kansas. If no service was made, K.S.A. 61-3301(d) allows the court, for good cause, to set aside the judgment under K.S.A. 60-260(b). File promptly.

The Motion Doesn't Stop Collection

Filing a Motion to Vacate does not automatically pause the plaintiff's collection efforts. Wage garnishments and bank levies can proceed while your motion sits on the judge's desk. If you need enforcement stopped while the court considers your motion, you must file a separate Motion for Stay of Execution and get the judge to sign an explicit court order.

How to Avoid Default in the First Place

The simplest protection is showing up. If you have a legitimate scheduling conflict — a medical appointment, a work obligation you can't move — file a written Request for Continuance with the court as early as possible. The judge will evaluate it and issue an order granting or denying the reschedule.

Don't rely on informal arrangements. A phone call to the clerk, an email to the plaintiff, or even a handshake agreement between parties doesn't change the court date. Only a signed court order moves the hearing.

Know Every Step of the Process

Default judgments are avoidable when you understand what Kansas small claims court actually requires. The Kansas Small Claims Response Guide explains the full defendant timeline from summons to post-judgment, with deadline trackers and motion templates to keep you on track.

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