What are Kansas Small Claims Cases and Class Action Lawsuits?

Small Claims Cases in Kansas refer to legal procedures undertaken by the court for persons seeking to recover money or property value of up to $4000. Small Claims Courts in Kansas do not need the services of an attorney or a jury. Rather, the procedural framework is simple enough to navigate by self-litigants.

Class Action Suits are legal proceedings that arise from the same complaints from multiple individuals against the same defendant. Defendants are usually private or government agencies. Usually, a successful outcome may play out as mass compensation to victims, or change in certain policies.

The Limited Actions Division of the District Courts in the state handle Small Claims, while the Civil Division takes care of Class Action Lawsuits.

What is a Class Action Lawsuit in Kansas?

According to Article 2 of the Rules of Civil Procedure, Kansas Legislative Sessions, 2019/2020, a Class Action requires that one or more members of a class sue or be sued as representative parties of a group of similar complaints. The necessary criteria for a standard class action suit in Kansas include the following:

• The class must be large enough that a joinder of all members is impracticable
• The cases within a class have the same legal questions or facts in common
• The claims or defenses of the representing party are the same as that of the entire class
• The representing parties are aware of their obligation to represent and protect the common interests of the class

How do I File a Claim in a Kansas Small Claims Court?

Before filing a claim with the small claims divisions of the district court clerk, note the following:

• There are limits on the size of suits in a small claims court. claims must not exceed $4000 in value. This excludes court costs, interests, and damages
• An entity can only file a maximum of 20 suits within a calendar year
• Government agencies are not suable at the small claims division
• Filing parties must be at least 18 years of age. Younger parties must file by proxy through their parents or guardians
• Third-parties cannot hold brief for the complainant for a filing party. The court may grant an exception if the judge decides that the filing party is unable to self represent or is senile.
• The statute of limitations imposes a time frame during which petitions may be heard in the court. to put it differently, filing parties must commence action as soon as possible

Having met all the requirements, begin by visiting the District Court Clerk’s office to fill out and submit a petition form. The form is available either at the clerk’s office or in downloadable form at the courts website. Fill out full names and address, names and address of the person being sued, amount or value of property being requested, and the reason for the petition. Also provide information to the court clerk about how to locate the sued persons for a legal service of summons. Pay the filing fee (between $30 and $50) based on the value of the claim. Sign the form in the presence of the clerk, or have it notarized before submission.

Do I Need a Small Claims Lawyer?

A small claims lawyer can offer expert advice to filing parties or counter-filing entities. However, the small claims courts in Kansas do not use the services of a representing attorney. A documented exception is when the filing party is an attorney; in that case, the defending party may use attorney representation to ascertain a fair outcome.

How do Class Action Lawsuits Work in Kansas?

A class action lawsuit engages the power of collective action to earn compensation for damages incurred during a transaction with a private or public agency. It allows many people with the same claim to file against an organization. The court places the claims into classes and sets about formal identification of representing entities or groups. Among the reasons for class action suits are financial crimes, defective health products or hazards, controversial employment action, environment risks, violation of civil rights. Class action suits usually engage attorney representation. According to the Kansas Statute 60–223(a) and the Missouri rule 52.08(a), a class action suit must meet the requirements of commonality, numerosity, adequacy and typicality. There are three types of class actions:

• Injunctive /declaratory relief: the aim to change the defendant’s conduct, and not money compensation
• Prejudice: this is a class action type that solves the problem of prejudice, were each case filed individually.
• Damages: this type of action seeks damages for persons with similar injuries.

Class action suits may also proceed by settlement or trial. While settlements are less formal, they remain an official proceeding of the court as the authority must give approval before commencement. State statutes on settlement impose that settlements must be fair, reasonable and adequate. To get more information, visit the civil division of the District Court Clerk’s office. How long it takes to resolve a class action depends largely on the type of case and how complicated it is ab initio. Some take a few months, other may extend into years

Is a Class Action Better Than a Single Party Suit?

Class action suits have the advantage of a collective legal pressure on the defending party to comply with the court order or injunction. In other words, a class action is likely to yield a favorable outcome for a suing party than a single file suit. Also, there is the element of priority given to class action suits in the court law, as compared to a single lawsuit. A possible downside to class action suits is administrative delay, or the risk of losing the case because of poor class representation.

Records that are considered public may be accessible from some third-party websites. These websites often make searching more straightforward, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the document or person involved

Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party websites may vary.

What Cases are Heard by Small Claims Courts in Kansas?

Small claims involve minor civil disputes where there is some form of money or equivalent value involved. Among them are:

• Refund of back rents
• Damages during the rendering of services
• Repayment of a loan
• Some contract breaches
• Evictions are not under the category of cases heard by the small claims court division in the state.