Sued in Kansas? You may have only 21 days to answer
Limited actions (Chapter 61): by the date on your summons. Regular civil case (Chapter 60): 21 days.
Checked against official sources: Oct 24, 2026. · Free letters and forms ↓
Count your answer deadline in Kansas
Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.
Kansas guides by topic
How to answer in Kansas
Your deadline by court, the official form, fees and defenses.
Default judgment in Kansas
What a default means and how to set it aside, with a calculator.
After a judgment in Kansas
Wage garnishment, bank levies and how to claim an exemption.
Debt buyer lawsuits in Kansas
What a debt buyer must prove, and old debts as a defense.
Which court hears debt cases in Kansas
District Court, limited actions (Chapter 61)
Most consumer debt suits are filed as limited actions. An unsecured debt from a contract for goods, services or money (like a credit card or personal loan) can be filed this way for any amount; a debt secured by a lien only up to $25,000.
Law: K.S.A. 61-2802(a)
District Court, regular civil case (Chapter 60)
Larger or more complex debt cases. You must answer within 21 days after service.
Law: K.S.A. 60-212(a)
Small claims (District Court)
A debt buyer or collection agency cannot use small claims: assigned claims and claims owed to someone else are not allowed.
Law: K.S.A. 61-2703(a)
How to answer in Kansas
- How to answer
File a written answer with the district court clerk and promptly send a copy to the plaintiff's lawyer. The answer must say what the dispute is, list any affirmative defenses, and give your current address, phone number and email. Sign it yourself if you don't have a lawyer.
- If you can't pay the fees
The poverty affidavit in K.S.A. 60-2001(b) covers the docket fee a plaintiff pays to start a case. If the court asks you to pay a fee, ask the clerk whether you can file a poverty affidavit instead.
- How you must be served
In limited actions the sheriff serves the papers unless the plaintiff takes responsibility. Service can be by certified mail, priority mail or courier with a signed receipt (return receipt delivery), by handing them to you, or by leaving them at your home with someone of suitable age who lives there. If personal and residence service fail, the papers can be left at your home and a notice mailed to you. If you refuse a return-receipt delivery, the papers can be sent by first-class mail, and service counts 3 days after mailing.
Law: K.S.A. 61-3003(c), (d)
Law: K.S.A. 61-2904(a), (b); K.S.A. 61-3002; K.S.A. 60-212(a)
Defenses to know in Kansas
- Defenses in Kansas law
Your answer must list your affirmative defenses, which are the ones listed in K.S.A. 60-208(c), including the statute of limitations, payment and release. The limit is 5 years for a written contract and 3 years for a contract not in writing.
Law: K.S.A. 61-2904(b), (d); K.S.A. 60-511(1); K.S.A. 60-512(1)
- Debt buyer lawsuits
- A debt buyer or collection agency that was sold or assigned your account cannot garnish your wages at all, except for child support, state debt setoff and court-debt collection. Debt buyer lawsuits in Kansas: the full rules
- Time limit to sue (written contract)
- 5 years · More on old debts at Debt Collector Map
If you missed the deadline in Kansas
A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.
- What happens
If you don't appear or file a written answer by the time on the summons, the court can enter a default judgment against you, without more notice, once the plaintiff shows proof of service. The judgment can't be more than what the petition asked for. A default can also be entered if you miss a pretrial or trial date.
- How to set it aside (cancel it)
Limited actions: file a motion to set aside the default judgment within 14 days after the judgment if you were personally served in Kansas, or within 45 days if you were served another way (for example, by mail or at your home). The grounds are those in K.S.A. 60-260(b), such as mistake, surprise or excusable neglect. If you were never served, the court may set aside the default for good cause under K.S.A. 60-260(b).
Law: K.S.A. 61-3301; K.S.A. 60-260(b), (c)
Count your deadline to set aside a default
If there is a judgment in Kansas
A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.
- Interest after the judgment
Limited actions judgments: 12% a year. Regular civil (Chapter 60) judgments: 4 percentage points above the Federal Reserve discount rate as of the July 1 before the judgment, adjusted every July 1; the Secretary of State publishes the rate in the Kansas Register each July.
- How long it lasts
A judgment becomes dormant if no renewal affidavit is filed and no execution or garnishment is issued within 5 years after it is entered (or within 5 years after the last renewal or execution). A dormant judgment can be revived by a motion filed within 2 years after it became dormant. After 2 more years of dormancy, the judge must release it when asked.
Law: K.S.A. 16-204(e)(1), (2); K.S.A. 60-2403, 60-2404; K.S.A. 61-3610
Garnishment, bank levy and exemptions in Kansas
Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.
- Wage garnishment (taking part of your pay)
The federal limit applies, so a creditor can take the lesser of 25% of your weekly disposable earnings or the amount above 30 times the federal minimum hourly wage. One creditor can't start more than one wage garnishment in any 30-day period, and a debt buyer or collection agency that was assigned your account can't garnish wages at all.
Law: K.S.A. 60-2310(b), (d)
- Bank levy (freezing and taking money in your bank account)
The creditor gets an order of garnishment served on your bank, which holds the nonexempt money in your account. No fixed dollar amount in a bank account is protected automatically; you must claim exemptions, such as Social Security and other exempt funds.
- How to claim an exemption
After the garnishment is served, the creditor must send you a notice explaining the exemptions and how to claim them. To claim an exemption (or object to how your exempt earnings were figured), file a request for hearing no later than 14 days after you were served with the notice, get the hearing date from the clerk, and hand-deliver or mail a copy to the creditor or its lawyer. The hearing is held 7 to 14 days after your request. You must prove the money is exempt.
Law: K.S.A. 61-3508; K.S.A. 60-735
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: Kansas
Count your deadline to claim an exemption
Free help in Kansas
Court self-help
Free letters and forms
Ask the plaintiff's lawyer for the debt documents
The contract, the chain of ownership and an itemization of what they claim.
Exemption claim cover letter
A letter to the court clerk to file with your exemption claim form.
Good to know in Kansas
- A debt buyer or collection agency that bought or was assigned your account cannot garnish your wages in Kansas (K.S.A. 60-2310(d)).
- Judgments in limited actions, where most debt cases are filed, carry 12% yearly interest (K.S.A. 16-204(e)(2)).
- The deadline to set aside a limited-action default judgment is short: 14 days after judgment if you were personally served in Kansas, 45 days otherwise (K.S.A. 61-3301(c)).
Changes in 2024–2026
L. 2024, ch. 22 amended the small claims definition; the current limit is $10,000, and assigned claims are still excluded.
Law: K.S.A. 61-2703
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
- Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
- Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
- Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6
Questions about debt lawsuits in Kansas
How long do I have to answer a debt lawsuit in Kansas?
Limited actions: appear in person (or through a lawyer) on the date and time on the summons, or file a written answer on or before that date. The court sets that date 14 to 50 days after the summons is issued. If you appear and dispute the claim, you must file a written answer within 14 days after the appearance date. Regular civil cases (Chapter 60): 21 days after service.
How do I answer a debt lawsuit in Kansas?
File a written answer with the district court clerk and promptly send a copy to the plaintiff's lawyer. The answer must say what the dispute is, list any affirmative defenses, and give your current address, phone number and email. Sign it yourself if you don't have a lawyer.
What if I can't afford the court fees in Kansas?
The poverty affidavit in K.S.A. 60-2001(b) covers the docket fee a plaintiff pays to start a case. If the court asks you to pay a fee, ask the clerk whether you can file a poverty affidavit instead.
What happens if I don't answer in Kansas?
If you don't appear or file a written answer by the time on the summons, the court can enter a default judgment against you, without more notice, once the plaintiff shows proof of service. The judgment can't be more than what the petition asked for. A default can also be entered if you miss a pretrial or trial date.
Can I cancel a default judgment in Kansas?
Limited actions: file a motion to set aside the default judgment within 14 days after the judgment if you were personally served in Kansas, or within 45 days if you were served another way (for example, by mail or at your home). The grounds are those in K.S.A. 60-260(b), such as mistake, surprise or excusable neglect. If you were never served, the court may set aside the default for good cause under K.S.A. 60-260(b).
How much interest does a judgment add in Kansas?
Limited actions judgments: 12% a year. Regular civil (Chapter 60) judgments: 4 percentage points above the Federal Reserve discount rate as of the July 1 before the judgment, adjusted every July 1; the Secretary of State publishes the rate in the Kansas Register each July.
How long does a judgment last in Kansas?
A judgment becomes dormant if no renewal affidavit is filed and no execution or garnishment is issued within 5 years after it is entered (or within 5 years after the last renewal or execution). A dormant judgment can be revived by a motion filed within 2 years after it became dormant. After 2 more years of dormancy, the judge must release it when asked.
Can my wages be garnished in Kansas?
The federal limit applies, so a creditor can take the lesser of 25% of your weekly disposable earnings or the amount above 30 times the federal minimum hourly wage. One creditor can't start more than one wage garnishment in any 30-day period, and a debt buyer or collection agency that was assigned your account can't garnish wages at all.
Can a creditor take money from my bank account in Kansas?
The creditor gets an order of garnishment served on your bank, which holds the nonexempt money in your account. No fixed dollar amount in a bank account is protected automatically; you must claim exemptions, such as Social Security and other exempt funds.
How do I claim an exemption in Kansas?
After the garnishment is served, the creditor must send you a notice explaining the exemptions and how to claim them. To claim an exemption (or object to how your exempt earnings were figured), file a request for hearing no later than 14 days after you were served with the notice, get the hearing date from the clerk, and hand-deliver or mail a copy to the creditor or its lawyer. The hearing is held 7 to 14 days after your request. You must prove the money is exempt.
More help on our sister sites
Sources
- K.S.A. 61-2802 (limited actions)
- K.S.A. 61-2703 (small claims definition)
- K.S.A. 61-2904 (appearance; answer)
- K.S.A. 61-3002 (summons; time for appearance)
- K.S.A. 61-3003 (service of process)
- K.S.A. 61-3301 (default judgment)
- K.S.A. 60-260 (relief from judgment)
- K.S.A. 16-204 (interest on judgments)
- K.S.A. 60-2403 (dormant judgments)
- K.S.A. 60-2404 (revivor)
- K.S.A. 61-3508 (garnishment notice; exemption hearing)
- K.S.A. 60-2001 (docket fee; poverty affidavit)
Last checked: Oct 24, 2026.
- Venue for debt collection suits, 15 U.S.C. 1692i
- Time-barred debts, 12 CFR 1006.26 (Regulation F)
- Default judgments and servicemembers, 50 U.S.C. 3931
- Restrictions on garnishment, 15 U.S.C. 1673
- Federal benefit payments in bank accounts, 31 CFR part 212
- CFPB: What should I do if I'm sued by a debt collector or creditor?