Answer Summons Debt Collection Kansas: 2025 Guide

Getting sued by a debt collector in Kansas? You might want to ignore it, especially when money is tight. But responding is crucial to protecting your rights.

Ignoring a lawsuit leads to a default judgment. The creditor wins automatically. Your wages could be garnished without your input.

Don't Let Kansas Debt Collectors Win by Default

You have just 21 days to respond to your Kansas debt lawsuit. Missing the deadline means automatic wage garnishment. Get help filing your Answer before time runs out.

File Your Answer Now

Fighting back gives you a voice. You can challenge the debt and present your defenses. You might even win or settle for less.

Kansas requires you to file an Answer document with the court. Your Answer addresses each claim and lists your defenses. Our partner Solo helps you draft and file your Answer quickly.

Kansas Deadline for Answering a Debt Collection Summons

You have exactly 21 days to respond in Kansas. The clock starts when you receive the Summons and Complaint.

Kansas Statutes 60-212 (A)(i) states: “A defendant must serve an answer within 21 days after being served with the summons and petition.”

Missing this deadline is disastrous. The court grants a default judgment to the creditor. You lose without getting your day in court.

File your Answer with the court AND send a copy to the plaintiff. Both must happen before the 21-day deadline expires.

Allow time for mailing and processing. Give yourself at least three days for delivery and filing complications.

Running out of time? Our partner Solo helps you create and file your Answer in minutes.

Kansas Answer to Summons Forms

Kansas provides a general Answer form for civil lawsuits. You can find it on the Kansas courts website under common civil forms.

The form requires basic identifying information. You’ll need your name, address, phone number, and email. Include the plaintiff’s name, county, and case number.

You must respond to allegations in the Complaint. You also need to assert your affirmative defenses.

Figuring out legal defenses can be confusing. Our partner Solo guides you through each section with simple questions.

Answer Filing Fees for Kansas

Kansas doesn’t charge fees to file your Answer. Your response document and defenses are free to file.

Filing a counterclaim is different. You’ll pay the same fees as the plaintiff if you sue them back.

Counterclaim fees in Kansas are:

$47.50 for claims up to $500
$67.50 for claims up to $4,000

Only include payment if you’re filing a separate Counterclaim form. Your Answer alone requires no fee.

Steps to Respond to a Debt Collection Case in Kansas

Ignoring a debt lawsuit is tempting when you’re broke. But it’s the worst mistake you can make.

Creditors get default judgments when you don’t respond. They can garnish your wages without your input. You lose all control over the situation.

Filing an Answer protects your rights. You get to challenge the debt and present evidence. You might prove you don’t owe the money.

Follow these three steps to respond in Kansas:

Address each claim against you
Assert affirmative defenses
File the Answer and serve the plaintiff

Step 1: Address Each Claim Against You

The Complaint lists specific allegations against you. Each claim usually appears as a numbered paragraph.

Respond to every single allegation. Answer “I agree,” “I disagree,” or “I don’t know” for each paragraph.

Denying claims forces the plaintiff to prove them. They must provide evidence for everything you dispute.

Most attorneys recommend denying as many claims as possible. Make the debt collector work for their judgment.

Our partner Solo helps you respond to each claim correctly.

Step 2: Assert Affirmative Defenses

Affirmative defenses are legal reasons the plaintiff should lose. These must be facts you can prove with evidence.

Never copy and paste defenses from the internet. Create defenses specific to your actual situation.

You’ll need to explain your defenses in court. Be ready to testify about why each one applies.

Common affirmative defenses in Kansas include:

The statute of limitations has expired on this debt
The plaintiff lacks proof they own this debt
You never had a contract with this company
Identity theft created this debt
The debt amount includes illegal interest or fees
Another person should be responsible for this debt
The original creditor already received payment from a third party

Some things never work as defenses. Avoid these mistakes:

Financial hardship doesn’t excuse debt you actually owe
Claims against the creditor must be filed as a separate counterclaim

Tailor your defenses to your specific case. Generic defenses won’t hold up in court.

Step 3: File the Answer and Serve the Plaintiff

Filing your Answer correctly is crucial. Each court has specific rules about format and accompanying documents.

You must file before the 21-day Kansas deadline. Missing it results in default judgment.

Send a copy to the plaintiff or their attorney. Your Answer must indicate you’ve properly served the opposing party.

Our partner Solo handles filing and serving for you. We ensure everything meets Kansas requirements.

The Statute of Limitations on Debt in Kansas

Creditors can’t sue you forever. Kansas law sets time limits for debt collection lawsuits.

The statute of limitations is five years for most debts. Credit cards, medical bills, car loans, and student loans all have five-year limits.

Oral contracts have a shorter deadline. Creditors only have three years to sue on oral agreements.

The clock starts from your last account activity. If you haven’t paid your credit card in six years, the debt is too old.

You can use expired statutes as an affirmative defense. The judge should dismiss cases on time-barred debt.

Debt Type	Statute of Limitations
Oral Contracts	3 years
Credit Card	5 years
Medical Bills	5 years
Student Loans	5 years
Auto Loans	5 years
Mortgages	5 years
Personal Loans	5 years
Judgments	5 years

Reference: Kan. Stat. § 60-511, 512, and 2403

Other Kansas Debt Collection Laws Protect You

Kansas residents have strong protections against abusive debt collectors. Federal and state laws regulate how collectors can operate.

Federal Protection Under the FDCPA

The Fair Debt Collection Practices Act shields you from aggressive tactics. Debt collectors cannot:

Call before 8 a.m. or after 9 p.m.
Call you multiple times daily
Hide their identity as debt collectors
Contact family, friends, or coworkers about your debt
Ignore your cease and desist letter
Threaten arrest for unpaid debt
Use profane or offensive language
Pretend to be attorneys or police officers
Refuse to validate your debt

The FDCPA only applies to debt collectors. Original creditors can contact you more frequently.

Report violations to the FTC at 877-382-4357. You can also contact the CFPB at 855-411-2372.

Kansas Consumer Protection Act (KCPA)

Kansas law goes beyond federal protections. The KCPA prohibits misrepresenting debt or exploiting your lack of knowledge.

Violations can result in penalties up to $10,000. You can also recover your legal fees.

Kansas requires debt collectors to be state-licensed. Verify a collector’s license before discussing your debt.

Stop Wage Garnishment in Kansas

Losing a lawsuit gives creditors power to garnish wages. A portion of your paycheck goes directly to the debt collector.

Kansas law limits how much creditors can take. They protect you from excessive garnishment.

Wage Garnishment Limitations

Creditors can garnish the lesser of:

25% of your weekly disposable income
The amount exceeding 30 times the federal minimum wage

Disposable income means your take-home pay after required taxes. Voluntary deductions like retirement contributions don’t count.

Employment Protection

The Consumer Credit Protection Act protects your job. Employers cannot fire you for a single wage garnishment.

Multiple garnishments remove this protection. Your employer can terminate you for repeated garnishments.

Income Exemptions in Kansas

Certain income types are protected from garnishment:

Unemployment compensation
Workers’ compensation benefits
Social Security disability and retirement
Supplemental Security Income (SSI)
Veterans’ benefits
Black lung benefits
KPERS and other pension benefits
Temporary Assistance for Families (TAF)
General Assistance (GA) payments

File a claim of exemption to protect these income sources. Other income can still be garnished.

Avoid Garnishment Before It Starts

The easiest way to avoid garnishment is responding to the lawsuit. File your Answer before the deadline.

Default judgments lead to wage garnishment. Responding gives you negotiating power.

Settle your debt out of court when possible. You’ll pay less without monthly garnishments hanging over you.

Settle Your Debt in Kansas

Settling debt resolves the matter permanently. You can often pay less than the full amount owed.

Most creditors accept reduced settlements. They’d rather get paid something now than chase you for years.

Respond to the Lawsuit First

Address your legal issues before negotiating settlement. File your Answer within the deadline.

Default judgments eliminate your negotiating power. Respond first, then negotiate from a position of strength.

Our partner Solo helps you draft and file your Answer quickly.

Make Your Initial Settlement Offer

Start negotiations by offering 60% of the total debt. Expect your first offer to be rejected.

Creditors will counter with a higher amount. Continue negotiating until you reach agreement.

Settlement negotiations can be stressful. Having a middleman removes the pressure and awkwardness.

Pay Your Debt and Rebuild

Pay the agreed settlement amount. Choose a lump sum or payment plan based on your finances.

Make consistent payments if you choose installments. Missing payments restarts the legal process.

Settlements appear on your credit report. But they’re better than unresolved debt or judgments.

Start rebuilding your credit immediately. Most settlements disappear from reports within seven years.

Check Your Court Case Status in Kansas

Kansas courts assign case numbers to every lawsuit. You can track your case using this number.

You’ll need your case number, party names, and the court location. Submit information to the appropriate portal.

Use the Appellate Courts Search Portal for appeals. Use the Kansas District Court Public Access Portal for district cases.

You can also visit the courthouse in person. The court clerk can look up your case for a small fee.

Find your county district court location here.

Debt collection cases are heard in District Court. Cases under $4,000 go to the small claims division.

Small claims cases move quickly with minimal costs. You don’t need an attorney for small claims.

Kansas Legal Aid Organizations

Free legal services are available to Kansas residents. Government-funded organizations help people navigate the legal system.

Contact Kansas Legal Services for questions about debt lawsuits:

Kansas Legal Services, Inc.
712 South Kansas Avenue, Suite 200
Topeka, Kansas 66603
(800) 723-6953
https://www.kansaslegalservices.org

Find Debt Relief Programs in Kansas

Kansas offers several state-run assistance programs. These programs help manage finances when facing debt.

Kansas Successful Families Program

Also called TANF, this program assists low-income families. You’ll receive employment support and cash assistance.

Eligibility requirements:

Kansas resident
Unemployed or underemployed with low income
At least one child under 18 in your home

Cash assistance covers basic living expenses. You’ll receive support for 24 months with possible renewal.

KanCare

KanCare is Kansas Medicaid. Health coverage is available for:

Eligible children
Pregnant women
Elderly adults
Individuals with disabilities
Parents of children under 19

Apply through the KanCare website. Eligibility depends on income, household size, and qualifying conditions.

Coverage includes prescriptions, doctor visits, hospital care, and mental health services. Reducing medical expenses helps you manage consumer debt.

Kansas Food Bank

The Kansas Food Bank has provided hunger relief since 1984. They distribute meals to children, seniors, and families across Kansas.

You can also get help with SNAP applications. Apply online, by mail, or at your local DCF office.

Provide proof of residency, income, and other required information. Expedited assistance may be available for immediate needs.

Low Income Energy Assistance Program (LIEAP)

LIEAP helps Kansas households manage energy bills. Federal funds cover a portion of annual energy expenses.

Applications are accepted mid-January through late March annually. Apply through the Kansas Department for Children and Families website.

Provide income proof and Social Security numbers for household members. Include utility account information.

Current SNAP recipients automatically qualify for LIEAP.

Child Care Subsidy Program

Kansas pays for child care costs through this program. Your child must be under 13, or under 18 with a qualifying disability.

Apply online through the Kansas DCF website. You’ll need to meet eligibility requirements and provide income proof.

File Your Answer in Your Local Kansas Court

Find your local Kansas court below to file your Answer:

Frequently Asked Questions

What is the deadline to answer a debt collection summons in Kansas?

You have 21 days from the date you're served to file an Answer with the court and serve the plaintiff. Missing this deadline can result in a default judgment against you.

How do I file an Answer to a debt lawsuit in Kansas?

File your Answer with the district court where the case was filed and send a copy to the plaintiff or their attorney. Your Answer must address each claim and list your affirmative defenses.

Can I stop wage garnishment in Kansas?

Yes, by filing an Answer and fighting the lawsuit before a judgment is entered. Kansas limits garnishment to 25% of disposable income, and certain income types like Social Security are exempt.

What is the statute of limitations on debt in Kansas?

Most debts have a 5-year statute of limitations in Kansas, including credit cards, medical bills, and car loans. Oral contracts have a 3-year limit.

What happens if I ignore a debt collection lawsuit in Kansas?

The court will grant a default judgment to the creditor, allowing them to garnish your wages, freeze bank accounts, or place liens on your property without your input.

How to Answer a Summons for Debt Collection in Kansas (2025)