Hannah Locklear | May 22, 2024
Fact-checked by George Simons, JD/MBA
George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD/MBA. In his spare time, George likes to cook, because he likes to eat.
Summary: You have 21 days to respond to a debt lawsuit in Kansas. In order to respond, you should file an Answer document where you address each claim against you and assert your affirmative defenses. SoloSuit can help you draft and file an Answer in a matter of minutes.
Are you being sued by a creditor or debt collector? It can be very tempting to ignore these matters, especially when you know you don't have the money to pay. But it is very important to respond. If you have received a civil chapter 61 warrant, you need to respond and go to court.
Especially if you do not agree with the debt in part or in full, you should make sure that you respond to the Summons and Complaint. Responding guarantees that you will be able to state your defenses in court, and provide evidence backing up your claims.
The document that you need to file to respond to a debt lawsuit in Kansas is an Answer document that must be filed with the courts. Learn here what needs to be included in this document, and how Solosuit can help you meet state requirements.
Sued for debt in Kansas? SoloSuit can help you file an Answer into your case before the 21-day deadline.
Start my Answer.21 days - You only have 21 days to file an Answer with the court after you're served the Summons and Complaint, according to Kansas Statutes 60-212 (A)(i), which states:
(A) A defendant must serve an answer:
(i) Within 21 days after being served with the summons and petition.”
You should make filing your Answer a priority, as soon as you receive the Summons and Complaint. If you miss the deadline, the court could find you in default and grant a judgment to the creditor.
Remember that you must file your Answer with the courts, as well as provide the plaintiff with a copy before the 21 day deadline. That means that you want to give yourself at least a few days to allow for filing and/or mailing, as well as resolving any complications in filing your Answer.
If the clock is already ticking and you haven't done anything about your Answer yet, SoloSuit allows you to develop your Answer and file it quickly and easily, right from the comfort of your own home or office.
SoloSuit can take your inputted information from any smart device, format it to match the Kansas Answer form, and file or mail it for you. The SoloSuit Answer form
You can also try this Kansas Answer form from the Kansas courts website. This is Kansas's general answer form for civil lawsuits like debt collection cases. It responds to the Summons and Complaint.
The Kansas state answer form requires you figure out how to respond to the allegations in the Complaint and to make your own affirmative defenses.
The other information required on the form is basic information such as your identifying information, your contact information, your attorney's information if applicable, and identifying case information, as well as filing date. Learn more here.
Kansas does not charge fees to file your Answer with the court, as long as it only contains your reasons for denying the claim, as well as your affirmative defenses. However, if you want to file a Defendant's Claim, or counterclaim, you will have to pay the same filing fees as the petitioner.
Those counterclaim filing fees are:
You only need to include a filing fee if you are filing a Counterclaim with your Answer. Note that in the state of Kansas these are two separate forms, although they can both be accessed from the same site, and Solosuit can assist you with either.
When you get a Summons and Complaint from a debt collector, it can be very tempting to just toss it aside and forget about it, especially if you know you don't have the means to pay the debt. This is a huge mistake.
If you fail to respond to a debt collection case in Kansas, the judge will grant a default judgment to the plaintiff upon request. This means that you would have to pay the debt anyway, without a chance to defend yourself. It also means that your wages could be garnished, and you would have no control over whether or not you could actually afford it.
When you file an Answer with the courts, it gives you a chance to explain why you think you don't owe the money. This also gives you a chance to be in court and defend yourself and the reasons you didn't pay the debt. To respond to your debt lawsuit in Kansas, follow these three steps:
Keep reading for a detailed breakdown of each of these steps. Don't like reading? Check out this video instead:
The Answer document begins with identifying information for you, the plaintiff, and the case. You can pull most of this information from the debt Complaint and Summons documents. The information that must be included at the top of the Answer document in Kansas includes your name, address, phone number, and email address, your attorney's name, if applicable, the name of the plaintiff, the County in which the case was filed, and the case number.
SoloSuit helps you locate this information and properly format it in your Answer.
Now, without further ado, let's take a closer look at the steps to respond to a debt lawsuit in Kansas.
The first section of your Answer should focus on responding to each claim against you. These claims are listed in the Complain documents you received when you were notified of the lawsuit. The claims are usually presented in a numbered list, and you should respond by paragraph number in your Answer.
SoloSuit makes it easy to respond.
In your Answer, you can agree or disagree with the individual claims being made by the plaintiff. You should answer each complaint with a simple “I agree,” “I disagree,” or “I don't know.” For anything that you are questioning or denying, the plaintiff will have to provide evidence as to why you are wrong in order to make their case.
Note that most attorneys recommend denying as many claims as possible, because when you do, the plaintiff is forced to prove each them.
The third section of your Answer will be where you list your affirmative defenses. Affirmative defenses are facts about the case or the law that require the plaintiff to lose the case. These must be facts that you can back up with evidence.
It is important that you do not just copy and paste affirmative defenses from sources on the internet. You should develop your own affirmative defenses that are relative to your case and the actual reasons you are denying the creditor's claim. The judge or the plaintiff's attorney is likely to ask you to testify as to the reasons you chose a particular affirmative defense, so be ready with your explanations.
There are any number of affirmative defenses that might apply to your case. Here are some of the most common:
On the other hand, there are a few things that you never want to use as an affirmative defense. Some of these include:
Your affirmative defenses will vary depending on your case, what goods or services were exchanged, whether or not you had a written contract, and what exactly the debt collector includes in the Complaint. Make sure that you tailor your affirmative defenses to specifically apply to your situation.
This is sometimes the hardest part. Each court has specific filing rules and may require you to include other forms and documents along with your Answer. And, as we mentioned earlier, you must file your Answer before the kansas 21-day deadline.
As part of filing your Answer, you should also send a copy of it to the plaintiff in the case. You may need to indicate in your Answer document that you've properly served the opposing party.
Lucky for you, oloSuit has done the research necessary to make filing your Answer in Kansas easy. And we can also serve the plaintiff the Answer as a part of this crucial filing step.
Let SoloSuit file your Answer for you.
Creditors and debt collectors must follow certain laws and regulations, both federally and on a state and local level. One of these laws is the statute of limitations on debt collection in Kansas. There is a specific window for creditors and collectors to sue for the debt in question. If they don't meet their deadline, they cannot collect on the debt.
The Kansas statute of limitations on debt is five years for most typs of debts, including those resulting for a written contract like credit cards, car loans, medical bills, and student loans. For oral contracts, the KS statute of limitations is only three years.
In other words, creditors and debt collectors only have five years to sue you for a debt in Kansas (or three years if the debt resulted from an oral contract). The clock typically starts from the date of the last action on an account. So, if you haven't made a payment on your credit card debt for more than five years, you could use this as an affirmative defense in your case to get it dismissed.
The table below further outlines the statute of limitations on different types of debt in Kansas.
Debt Type | Deadline in Years |
---|---|
Oral Contracts | 3 years |
Credit Card | 5 years |
Medical | 5 years |
Student Loan | 5 years |
Auto Loan | 5 years |
Mortgage | 5 years |
Personal Loan | 5 years |
Judgment | 5 years |
Kan. Stat. § 60-511, 512, and 2403 |
The statute of limitations on debt in Kansas begins on the day that the account was charged off, closed, or you stopped paying for the products or services. For debt collection agencies, the statute of limitations begins when the original creditor closes the account or sells the debt.
If a debt collector or creditor tries to sue you for a debt that is older than these deadlines, they are not usually able to receive a judgment for the debt. However, in some cases a judge may order you to pay a debt, even if it goes past the normal statute of limitations, based on evidence provided.
As a Kansas resident, you are also protected by additional Kansas debt collection laws. These laws regulate the way that debt collection agencies operate, which safeguards you from unfair or aggressive collection practices. Here are the most relevant laws that apply to you.
It may help to know that you’re already protected at the federal level, thanks to the Fair Debt Collection Practices Act (FDCPA). The FDCPA shields you from deceptive or aggressive debt collection practices, including the following:
Keep in mind that the FDCPA only protects you from debt collection agencies and does not apply to your original creditors. So if your credit card issuer contacts you more than once per day, this is not a violation of these terms.
If you believe that a debt collector has violated your rights, record the nature, date, and time of the incident, then report it to the Federal Trade Commission (FTC) or the Consumer Financial Protection Bureau. You can reach the FTC through the FTC website or by calling 877-382-4357. You can contact the CFPB through the CFPB website or by calling 855-411-2372.
At the state level, Kansas consumers are protected by the Kansas Consumer Protection Act (KCPA). This act goes beyond the federal FDCPA by prohibiting debt collectors from misrepresenting your debt, or taking advantage of your lack of knowledge to coerce you into making a payment. Violations of the KCPA can result in statutory penalties of up to $10,000, plus reimbursement for any legal fees.
Kansas also requires debt collectors and their associated agencies to be licensed by the state and meet basic legal and ethical standards. So if you’re contacted by a debt collector, don’t speak further until you can verify that they are officially licensed.
What happens if a debt collector sues you and wins? A judgment against you means that your creditor or debt collector has legal power to collect the debt from you. This can include wage garnishment, where a portion of your paycheck is automatically deducted to pay your debt.
However, that doesn’t mean that your creditors can simply garnish your wages without your knowledge or without a court order. Kansas wage garnishment laws protect you and your finances from illegitimate wage garnishment. Here are the specific laws that protect you.
Creditors can only garnish your wages up to a certain amount. According to Kan. Stat. Ann. § 60-2310, creditors are limited to garnishing:
Disposable income refers to your net salary after deducting required withholdings, or federal and state taxes. However, this does not include voluntary withholdings, such as healthcare premiums, retirement contributions, or other benefits.
After receiving a judgment, you may worry that wage garnishment might get you fired from your job. Thankfully, the Consumer Credit Protection Act (CCPA) prohibits employers from terminating an employee due to wage garnishment.
Keep in mind, though, that the CCPA does not prohibit employers from terminating an employee with multiple garnishments.
Kansas residents are likewise protected from garnishments on certain types of income. The following types of income are exempt from wage garnishment in the state of Kansas:
So if you receive income from any of these sources, you can stop wage garnishment by filing a claim of exemption. Filing a claim of exemption can prevent these forms of income from being garnished, though any other income sources can still be garnished under Kansas law.
Unfortunately, one of the easiest ways to lose your debt collection lawsuit is to not respond. If you fail to file an Answer with your local court by the deadline — often as little as 14 days from the date you received the Summons — the judge may render a default judgment against you, which may result in wage garnishment.
Instead, make sure to file an Answer right away, then take steps to settle your debt out of court. By settling your debt, you’ll be able to pay off your debt for less than what you owe without the threat of monthly wage garnishment.
Avoid a default judgment by filing an Answer today!
While Kansas debt relief programs can offer financial assistance, your best bet is usually to settle debt in Kansas to resolve the matter once and for all. You can do so by paying your debt in full, but what if you can’t afford to pay the full amount of your debt?
Most creditors and debt collectors are willing to accept a lower settlement amount if it means receiving their money sooner. As a result, you can often settle your debt for less than what you owe and move on with your life. Here’s how to settle your debt in Kansas.
First, if you’re settling your debt after receiving notice of a debt lawsuit, you’ll have to address your legal issues before moving forward. When you receive a legal summons, the clock starts ticking.
In some jurisdictions, you have as little as 14 days to file an Answer with the court. Otherwise, the judge can issue a default judgment in favor of your creditor.
An Answer is a legal document indicating your willingness to fight the lawsuit in court. SoloSuit can help you draft and file this document. Just use our online platform to answer a few questions, then print your Answer and file it by the deadline.
We can also file it on your behalf and have an attorney review your Answer for added peace of mind.
To settle your debt, you and your creditor will need to reach a mutually agreeable settlement amount. Open up negotiations by offering to pay 60% of your total debt amount. Don’t be surprised if your original offer is rejected. Your creditor may issue a counteroffer, and you can continue the process until you find an acceptable settlement.
SoloSettle makes the process easier by serving as the “middleman” between you and your creditors. Using our online platform, you’ll never have to interact directly with your creditors, but instead submit your offer through SoloSettle.
Let’s consider an example to see how the Kansas debt settlement process works.
Example: Henry had been dealing with a mountain of credit card debt. He wanted to pay it off, but the high interest rate made it seem impossible. So he turned to SoloSettle. Using the online platform, he offered to pay 60% of his total amount. His creditor rejected this initial offer but agreed to let Henry pay 65% of his total debt. Henry agreed, and SoloSettle even handled his payment. Now, Henry has eliminated his debt — and for less than he originally owed.
Want some negotiation tips? In the following video, we ask an attorney for suggestions on negotiating a debt settlement:
Once you reach a settlement, you can pay off your debt. Your creditor may accept a lump-sum payment or agree to a payment plan. Just make sure that you make consistent payments to avoid repeating your mistakes.
Will debt settlements show up on your credit report? Yes, but it’s still better than having unresolved debt. Settling your debt will allow you to start rebuilding your credit, and even a settlement will usually disappear within seven years.
Negotiate debt settlement in Kansas with the help of SoloSettle.
Kansas judicial branch enables you to access your Kansas court records easily due to the case numbers they assign to every matter presented to the court. The court clerk derives the number from information such as the case type, the year the case was filed, and the county's initials.
To check your case status, you'll need your case number, the names of the parties involved, and the court in which the case is filed. You can submit this information in the Appellate Courts Search Portal or the Kansas District Court Public Access Portal.
You can also visit the courthouse where the case was filed and submit your details to the court clerk, who’ll look for the case number at a small fee. Find your county’s district court location here.
Your debt collection case will be heard in the District Court, likely under the small claims division, in your county. The small claims division offers the parties a rapid case progression at minimal costs, and you do not need an attorney to represent you. Any amount exceeding $4,000 will be handled by the District Court’s regular civil division with jurisdiction over that amount.
The graphic below details the Kansas legal structure and how cases are assigned to different court levels:
If you're still feeling hesitant about navigating the Kansas legal process, the state's judicial branch has created legal aid programs to help out self-represented litigants.
Every state has at least one government-funded organization that provides free legal services to people. Kansas has one. You can contact this organization to ask questions about the legal process and how to handle a case.
Kansas Legal Services, Inc.
712 South Kansas Avenue, Suite 200
Topeka, Kansas 66603
(800) 723-6953
https://www.kansaslegalservices.org
Kansas residents can take advantage of several state-runKansas debt relief programs. While not every program helps you directly with debt, these programs do provide assistance in managing your financial situation. Learning the eligibility requirements and benefits these programs offer can help you manage your finances when facing high debt.
Also known as Temporary Assistance for Needy Families (TANF), the Kansas Successful Families Program is designed to assist low-income families by offering employment and financial support, including cash assistance.
To qualify, you must:
Cash assistance can cover basic living expenses in addition to employment and childcare assistance. If you qualify, you’ll receive support for 24 months with the option to renew if you meet hardship conditions.
KanCare is the Medicaid program for Kansas residents. Health coverage can be applied to:
Kansas residents can apply through the KanCare website. Eligibility is based on your income, household size, and factors such as qualifying disabilities.
If you qualify, you can receive assistance with prescription drug coverage, doctor visits, hospital care, mental health services, and other expenses. While this program is aimed at medical expenses, it can be valuable for debtors who are struggling to manage their finances alongside high consumer debt.
Since 1984, the Kansas Food Bank has provided hunger relief across the state of Kansas. By networking with other agencies, the Kansas Food Bank distributes meals to children, senior citizens, and impoverished families throughout the state.
Kansas residents can also find assistance with SNAP applications — formerly food stamps — and other assistance programs. To apply, you can submit an application online, by mail, or in person through your local Department of Children and Families (DCF) office.
To qualify, you’ll need to provide proof of state residency, income, and other required information. If you have extremely low income or have immediate need, you may qualify for expedited assistance and receive benefits in as little as a week.
If you’re struggling with debt, utility bills may only add insult to injury. Thankfully, the Kansas Low Income Energy Assistance Program (LIEAP) uses federal funds to help Kansas households manage their home energy bills by covering a portion of their annual energy expenses.
To qualify, you must apply for LIEAP between mid-January and the end of March each year. You can apply only through the Kansas Department for Children and Families website or by submitting a paper application.
You’ll need to provide proof of income and Social Security numbers for all members of your household, as well as utility account information. But if you already qualify for other benefits like SNAP, you automatically meet the eligibility criteria for LIEAP.
Kansas’ Child Care Subsidy Program is designed to pay for child care costs in Kansas. To qualify, your child must be below age 13, or below age 18 if they have a qualifying disability.
You can apply online through the Kansas Department of Children and Families (DCF). You’ll need to meet certain eligibility requirements and provide proof of your household income.
Below is a list of Kansas courts where you might get sued for debt. Find your local court below to start filing your Answer there. Good luck!
If you haven't gotten the idea by now, you should never ignore a debt summons. If you are sued by a creditor or debt collector, you should make sure that you are aware of your rights and responsibilities in the case.
With most debt collections, the matter is usually fairly straight forward. You either owe the debt or don't, and have the evidence to back up your claims. When you are clear about the facts of the case, handling the matter on your own can usually be accomplished successfully.
One of the most important parts of defending yourself when you are being sued is your Answer. It is important that you file this document according to the rules and regulations in Kansas, according to law. If you do not file this document or if it is done incorrectly, you could end up with a default judgment against you.
If you want to make sure that your Answer is not rejected by the courts due to formatting or the information it contains, SoloSuit is here to help. By filling in some blanks and answering some questions, we can help you get your Answer document created, formatted, and filed.
Remember, the key steps to responding to a debt collection Summons and Complaint are:
Good luck!
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
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