The information contained on this website is of a general nature. Descriptions of laws and court procedures are abbreviated. This information is not intended to be legal advice. If you do not understand this information or need legal advice, you should consult a lawyer. If the civil order has been duly served on the defendant and the defendant does not appear on the day of return, a „default judgment“ may be issued against the defendant. In this case, the court will make a judgment in favour of the applicant on the date of the hearing based on sufficient evidence from the applicant to support the application. The defendant lost the case. The amount you have to pay to file a case and serve the case may vary depending on the court. Ask the court clerk about costs. These fees must be paid in cash, by certified cheque or money order. If the other party has responded in time, the registrar assigns a case to the court`s schedule for hearing.

4. Anderson, Coffey, Franklin and Osage County Judicial District How to file a small claims case In matters heard by Small Claims Services, all parties represent themselves, with the exception of the following: The civil order contains a date and time at which the defendant and plaintiff must appear in court to hear their dispute. This date is sometimes referred to as the „return date“. In the Small Claims Division of the General District Court, the plaintiff must be ready to hear the case that day. In all cases to be heard on the same day, the parties may be required to appear at the same time. However, cases are called individually when the parties turn to the judge about their case. Small Claims Court only deals with simple cases involving small amounts of money or property. If the plaintiff does not appear in court, the defendant may ask the judge to decide the case in his or her favour. 26. Stanton, Grant, Haskell, Morton, Stevens and Seward County Small Claims Court Frequently Asked Questions Some small claims court litigants choose a lawyer, but it is not mandatory. Proceedings before the Small Claims Division of a general district court are conducted informally.

Each party must represent itself. Witnesses are sworn and the judge may admit all relevant evidence without applying the formalities that apply to other courts. The purpose of proceedings before the Small Claims Division is for the court to be able to decide the rights of the parties fairly and expeditiously. Payment of the application fees to the clerk of the court within twenty days of the delivery of the decision. Visit the District Court Forms page to find small claims forms. Counterclaim: A counterclaim is an optional avoidance action brought by a defendant against a plaintiff. It must be submitted to the Registry at least two days before the hearing and a small fee is usually charged. If you have a valid claim against a party suing you, inform the file officer that you wish to file a counterclaim. In the reply or in the course of the proceedings, the defendant may set out in writing any claim he has against the plaintiff.

No written response to the defendant`s request is required, and the plaintiff`s and defendant`s claims are considered as one case. If the claimant wishes more time to prepare the counterclaim, it may apply to the court for an extension. To summon a witness, the party must file a Request for Subpoena – Instructions with the Small Claims Division of the Office of the Court Clerk at least ten days before trial. The party must provide the name and current address of the domicile of the witness summoned. A defendant may ask the court to set aside a default judgment for cause, including error, negligence, surprise, excusable negligence, or an unavoidable accident. An application for annulment of a judgment in absentia shall be lodged immediately after the statement of reasons has been communicated, but no later than sixty days after receipt of the decision. If you received an original notice naming you as a defendant in a small claims matter, you should read the instructions for a defendant responding to a small claims claim.