Civil Chapter 61 Warrant in Kansas: What You Need to Know

A civil chapter 61 warrant is a debt summons in Kansas. A process server usually delivers it to your home. The warrant means a debt collector is suing you for an alleged debt.

You might want to ignore the summons. Many people feel this way when they can’t afford an attorney. But ignoring it is the worst thing you can do.

You must respond and go to court. If you disagree about the debt or the amount, you need to answer the lawsuit. File your response with the proper court on time.

Our partner Solo can help you respond correctly and protect your rights.

You Have Only 21 Days to Respond

The deadline to file an answer is 21 days. Make this a priority today. Missing this deadline puts you in default.

A default judgment gives the creditor automatic victory. They can then garnish your wages or bank account. The court will also add legal fees and interest to your debt.

Good news: you don’t pay fees to file an answer. But counterclaims cost $47.50 for claims up to $500. Claims up to $4,000 cost $67.50.

How to Write Your Answer Document

Your Answer document must include specific information. Include your name, contact information, and attorney name if applicable. Add the creditor or debt collector’s name, the county, and case number.

Can’t find this information in the summons? Call the county clerk’s office. They will give you everything you need to respond correctly.

Address Every Complaint

You must respond to each allegation in the complaint. Use one of three answers: ‘I agree,’ ‘I disagree,’ or ‘I don’t know.’

When you deny or question something, the plaintiff must prove you’re wrong. The burden of proof is on them. Make them show documentation for every claim they make.

Assert Strong Affirmative Defenses

Affirmative defenses are facts that could make the plaintiff lose. These defenses are critical to your case success.

Never copy and paste defenses from the Internet. You need specific defenses for your unique situation. The judge may ask you to testify about your chosen defenses.

Common Affirmative Defenses in Kansas

• The plaintiff isn’t the original creditor and hasn’t shown the chain of custody
• The Kansas statute of limitations has expired on the debt
• No exchange of goods or money occurred to validate the contract
• The original creditor received partial payment after selling the debt
• The fees and interest exceed Kansas legal limits
• Other defendants should share responsibility for the debt

Our partner Solo helps you build the right defenses for your specific case.

Filing and Serving Your Answer

Your answer needs a certificate of service. This proves you mailed a copy to the plaintiff or their attorney.

File your Answer with the Clerk of Court. You can file in person at the courthouse. Or you can send it via certified mail.

In-Person vs. Mail Filing

Filing in person gives you immediate confirmation. But COVID-19 protocols may limit courthouse access. Certified mail is often the better option.

Send a copy to the plaintiff via certified mail too. They must sign for the document. You need proof they received it.

Keep paper trails for everything. Documentation protects you against the debt collector later.

You Can Win This Fight

Following these steps gives you a strong chance of success. You have real options to defend yourself.

But you cannot ignore the warrant. Ignoring it means the debt collector wins automatically. You’ll owe even more money than before.

Take action within your 21-day deadline. Respond correctly and protect your financial future.