Kansas Answer to a Complaint
Kansas gives you 21 calendar days to answer a civil complaint under K.S.A. 60-212(a). File on time or the plaintiff can take a default judgment against you.
Introduction
A Kansas Answer to a Complaint is the written response you file with the clerk of the District Court after you are served with a summons and the plaintiff's petition. It admits or denies the petition's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. In a general civil case under Chapter 60, K.S.A. 60-212(a)(1)(A)(i) gives you 21 calendar days after you are served with the summons and petition to serve your answer. What sets a Kansas answer apart is that the deadline depends on which track your case is on. A Chapter 61 limited action, such as a debt collection suit, is built around an appearance date printed in the summons rather than a flat day count, and an eviction or small claims case requires you to show up on the date in the summons instead of filing a paper answer. Kansas has no single mandatory statewide answer form, so you type the answer on a caption that complies with K.S.A. 60-210(a) and Kansas Supreme Court Rule 111, or use the Kansas Judicial Council answer form, then file it with the clerk of the court named in the summons. Miss the deadline and the plaintiff can take a default judgment under K.S.A. 60-255(a). DocDraft drafts a Kansas-formatted answer from your facts, with attorney review available before you file.
Key Things to Know
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Your deadline in a general civil case is 21 calendar days. Under K.S.A. 60-212(a)(1)(A)(i) you must serve your answer within 21 days after you are served with the summons and petition. Kansas counts every day, including weekends and holidays, under K.S.A. 60-206, and only extends the deadline if the last day falls on a weekend or legal holiday.
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Debt collection and other limited actions run on an appearance date, not a flat count. In a Chapter 61 limited action under K.S.A. 61-2904(a) you must either appear or file a written answer by the time and date set in the summons, and if you appear and dispute the petition you then file an answer no later than 14 days after the appearance date.
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Small claims has no written answer. Under the Small Claims Procedure Act, K.S.A. 61-2705 states that no pleadings other than those provided for in the act are allowed, so a defendant does not file an answer and instead appears in person on the hearing date stated in the summons for claims up to $10,000.
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An eviction case sets an appearance date, not a paper answer deadline. In a forcible detainer (eviction) action under K.S.A. 61-3806(a) you appear in person or by counsel, or file a written answer on or before the time and date in the summons, which K.S.A. 61-3805 sets not less than 3 nor more than 14 days after the summons is issued.
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Kansas has no single mandatory statewide answer form. You type the answer on a caption that complies with K.S.A. 60-210(a) and Kansas Supreme Court Rule 111, or use the Kansas Judicial Council answer form, then file it with the clerk of the court named in the summons.
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There is no fee to file an answer, and a waiver exists. The fee to file an answer in Kansas district court is $0 unless you assert a counterclaim that exceeds the plaintiff's claim. If you cannot pay a required docket fee by reason of poverty, you can file a Poverty Affidavit.
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A related claim may be compulsory. Under K.S.A. 60-213 a counterclaim is compulsory if it arises out of the same transaction or occurrence as the plaintiff's claim, and the statute of limitations on a written contract is five years under K.S.A. 60-511, a frequent defense in debt cases.
Key Decisions
Answer to a Complaint Requirements
The full name of the court and judicial district where the lawsuit was filed, exactly as it appears on the summons.
The plaintiff's and defendant's full legal names as listed in the complaint, with you named as the defendant.
The case or docket number assigned by the court, found on the summons and the complaint.
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Kansas Requirements for Answer to a Complaint
In a general civil case your answer is due within 21 calendar days after you are served with the summons and petition, under K.S.A. 60-212(a)(1)(A)(i). Kansas counts every day under K.S.A. 60-206 and only extends the deadline if the last day falls on a weekend or legal holiday. A Chapter 61 limited action instead runs on the appearance date set in the summons under K.S.A. 61-2904(a).
Kansas has no single mandatory statewide answer form. Type the answer on a caption that complies with K.S.A. 60-210(a) and Kansas Supreme Court Rule 111, or use the Kansas Judicial Council answer form. Admit or deny each allegation in the petition and state any affirmative defenses you rely on.
Caption the answer for the District Court named in the summons in the county where the suit was filed. Include the case number, the parties' names, and a title such as Answer of Defendant. General civil cases proceed under Chapter 60, limited actions up to $25,000 for non-contract or secured debt under Chapter 61, and small claims up to $10,000 in the Small Claims division.
File your answer with the clerk of the court named in the summons under K.S.A. 60-205(d). E-filing may be authorized or required by local or Kansas Supreme Court rules, so check the rules for the county where your case is filed.
Under K.S.A. 60-205(b), serve a copy of your answer on the plaintiff's attorney, or on the plaintiff directly if unrepresented, by hand delivery, mail, or authorized electronic means, and keep proof of service.
The fee to file an answer in Kansas district court is $0, unless you assert a counterclaim that exceeds the plaintiff's claim. If you cannot pay a required docket fee by reason of poverty, file a Poverty Affidavit with the court hearing your case to ask for a waiver.
State each affirmative defense you intend to rely on, such as statute of limitations, payment, release, accord and satisfaction, statute of frauds, estoppel, waiver, or res judicata. The statute of limitations on a written contract is five years under K.S.A. 60-511.
Under K.S.A. 60-213, a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and should be filed with your answer, or you can lose the right to bring it later. A claim from a different transaction may be raised as a permissive counterclaim.
Frequently Asked Questions
In a general civil case under Chapter 60, K.S.A. 60-212(a)(1)(A)(i) gives you 21 calendar days after you are served with the summons and petition to serve your answer. The obligation differs in other courts. In a Chapter 61 limited action, such as a debt collection suit, you must appear or file a written answer by the date set in the summons, and if you appear and dispute the petition you file an answer no later than 14 days after the appearance date under K.S.A. 61-2904(a). Small claims and eviction cases require you to appear on the date in the summons rather than file a written answer. Missing your deadline can lead to a default judgment.
Kansas has no single mandatory statewide answer form. You can type your answer on a caption that complies with K.S.A. 60-210(a) and Kansas Supreme Court Rule 111, or use the Kansas Judicial Council answer form. The answer should admit or deny each allegation in the petition, state any affirmative defenses you intend to rely on, and include any counterclaim you have against the plaintiff.
File your answer with the clerk of the District Court named in the summons. General civil cases proceed under Chapter 60, while limited actions up to $25,000 for non-contract or secured debt proceed under Chapter 61, and small claims up to $10,000 are heard in the Small Claims division of the District Court. Under K.S.A. 60-205(d) you file with the clerk, and e-filing may be authorized or required by local or Supreme Court rules.
The fee to file an answer in Kansas is $0, unless you assert a counterclaim that exceeds the plaintiff's claim. If you cannot pay a required docket fee by reason of poverty, you can file a Poverty Affidavit to ask the court to waive the fee. The affidavit is filed with the same court that is hearing your case.
Under K.S.A. 60-255(a), when a party fails to plead or otherwise defend, that party is in default, and on request and a showing of entitlement the court must render a default judgment. You may be able to set the judgment aside by filing a Motion for Relief from Judgment or Order within a reasonable time, no more than one year, under K.S.A. 60-260(c), by showing mistake, inadvertence, surprise, or excusable neglect under K.S.A. 60-260(b)(1). The reliable path is to file on time.
Yes, and you may be required to. Under K.S.A. 60-213, a counterclaim is compulsory if it arises out of the same transaction or occurrence as the plaintiff's claim, and a compulsory counterclaim should be filed with your answer or you can lose the right to bring it later. A claim arising from a different transaction may be raised as a permissive counterclaim.