Kansas Small Claims Notarization Requirement: Do You Need It?

You've filled out the petition, printed it, and now you're wondering whether you need to find a notary before heading to the courthouse. The statewide Small Claims Petition uses a signature under penalty of perjury, but a county's local packet can add a notarization step. The Poverty Affidavit is another form with its own execution requirements.

The Petition: Check Your County's Packet

The statewide Kansas Small Claims Petition (Form OKSJC Rev. 07/2023) uses your signature under penalty of perjury, certifying that the information is true and that you haven't exceeded the annual filing limit under K.S.A. 61-2704. Local instructions can add a step: Leavenworth County requires the petition to be signed before a notary public or an employee in the Clerk of the District Court office.

Check your county's packet before signing and filing the petition. Leavenworth County permits the signature before either a notary or a Clerk of the District Court employee; follow your own county's execution instructions.

The Exception: Poverty Affidavit

If you're requesting a fee waiver because you can't afford the filing fee, you'll submit a Poverty Affidavit under K.S.A. 61-4001. This form does require notarization — it's a sworn affidavit, and Kansas law requires affidavits to be signed before a notary public or other authorized officer.

The Poverty Affidavit asks for detailed financial information: monthly income, liquid assets, dependents, and mandatory expenses. A judge reviews it and decides whether to defer the filing fees. If you need this form, plan a stop at a notary before you file. Many Kansas banks, UPS stores, and some county libraries offer notary services, often for free or a small fee.

Why the Confusion Exists

County packets can differ from the statewide form. If local instructions say to notarize a form, check which form they mean; Leavenworth County requires notarization or clerk witnessing for the petition itself.

Some filers also confuse Kansas requirements with those of other states. For Kansas, distinguish the statewide form's signature instructions from any county-specific steps in the local packet.

What You Do Need When Filing

When you walk up to the clerk's counter, bring:

• Signed Small Claims Petition (follow your county packet's notary or clerk-witnessing instructions)
• Civil Cover Sheet (no notarization needed)
• Copies of supporting documents — contract, demand letter, invoices, photos (these attach to the petition)
• Filing fee payment ($47.50 for claims $500 or less, $67.50 for claims up to $10,000)
• Poverty Affidavit only if requesting a fee waiver (notarized)

The clerk handles the summons from there.

Our Kansas Small Claims Filing Guide covers every form in the filing packet, including which ones need signatures, which need notarization, and exactly what to bring to the clerk's office.

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