CHAPTER 22
House Bill No. 2604
An Act concerning civil procedure for limited actions; relating to the small claims procedure act; increasing the maximum dollar amount of a small claim thereunder; amending K.S.A. 61-2703 and 61-2706 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 61-2703 is hereby amended to read as follows: 61-2703. As used in this act:
(a) “Small claim” means a claim for the recovery of money or personal property, where the amount claimed or the value of the property sought does not exceed $4,000 $10,000, exclusive of interest, costs and any damages awarded pursuant to K.S.A. 60-2610, and amendments thereto. In actions of replevin, the verified petition fixing the value of the property shall be determinative of the value of the property for jurisdictional purposes. A small claim shall not include:
(1) An assigned claim;
(2) a claim based on an obligation or indebtedness allegedly owed to a person other than the person filing the claim, where the person filing the claim is not a full-time employee or officer of the person to whom the obligation or indebtedness is allegedly owed; or
(3) a claim obtained through subrogation.
(b) “Person” means an individual, partnership, limited liability company, corporation, fiduciary, joint venture, society, organization or other association of persons.
Sec. 2. K.S.A. 61-2706 is hereby amended to read as follows: 61-2706. (a) Whenever a plaintiff demands judgment beyond the scope of the small claims jurisdiction of the court, the court shall either:
(1) Dismiss the action without prejudice at the cost of the plaintiff;
(2) allow the plaintiff to amend the plaintiff’s pleadings and service of process to bring the demand for judgment within the scope of the court’s small claims jurisdiction and thereby waive the right to recover any excess, assessing the costs accrued to the plaintiff; or
(3) if the plaintiff’s demand for judgment is within the scope of the court’s general jurisdiction, allow the plaintiff to amend the plaintiff’s pleadings and service of process so as to commence an action in such court in compliance with K.S.A. 61-1703, and amendments thereto, assessing the costs accrued to the plaintiff.
(b) Whenever a defendant asserts a claim beyond the scope of the court’s small claims jurisdiction, but within the scope of the court’s general jurisdiction, the court may determine the validity of defendant’s entire claim. If the court refuses to determine the entirety of any such claim, the court must allow the defendant to make:
(1) Make No demand for judgment and reserve the right to pursue the defendant’s entire claim in a court of competent jurisdiction;
(2) make demand for judgment of that portion of the claim not exceeding $4,000 $10,000, plus interest, costs and any damages awarded pursuant to K.S.A. 60-2610, and amendments thereto, and reserve the right to bring an action in a court of competent jurisdiction for any amount in excess thereof; or
(3) make demand for judgment of that portion of the claim not exceeding $4,000 $10,000, plus interest, costs and any damages awarded pursuant to K.S.A. 60-2610, and amendments thereto, and waive the right to recover any excess.
Sec. 3. K.S.A. 61-2703 and 61-2706 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its publication in the statute book.
Approved April 4, 2024.
