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1. How do I find out if someone has a case filed against them?

You may search records on one of our public access terminals located at each District Court Office.

2. I am named as a party in a civil case. Will the court appoint a lawyer to represent me?

In civil matters, the court cannot appoint an attorney to represent you except under some circumstances of contempt.

3. What if I can't afford an attorney?

Kansas Legal Services may assist and charges legal fees based upon income. There are also some attorney's offices who do not charge for the first initial visit or they may charge a minimal fee for a consultation.

4. My spouse and I are both being sued in civil court and the matter is set for a hearing. Can I appear on behalf of my spouse?

No. Non-lawyers may represent only themselves in court proceedings. Spouses may not represent one another at court hearings.

5. If I am appointed as a power of attorney for someone, can I appear or answer on their behalf in a court matter?

No. Non-lawyers may represent only themselves and not others in court proceedings.

6. How does a court judgment get on my credit report?

Civil records are subject to public access. Company representatives review our public records for items that impact the titles to property. Through this process, court records are reported to a credit bureau. If a person pays (satisfies) a judgment, it is the individual’s responsibility to inform the creditors that the judgment is paid in full. They may require proof of satisfaction.

7. Who do I contact to find a current balance due on a judgment?

You will need to contact the attorney or the individual to whom the money is due to obtain a current balance due. The Court does not monitor this information.

8. Can I obtain someone’s address from the court records?

No. The Court is prohibited from releasing any personal information on individuals including addresses and telephone numbers. However, we are allowed to provide you contact information for an attorney or law firm on a case.

9. May I view an actual court file?

As long as the record is open to the public, you may see the actual file. However, on January 1, 2018, the District Courts initiated electronic files so paper files are no longer maintained. You may view images of filings in a case on our public access terminals located at each District Court Office.

10. What is happening on my case?

The clerks cannot provide you with legal determination of what is happening in your case. However, if you call with your case number, they may tell you what documents have been filed and the next hearing date provided the case is not sealed by the Court.

11. How do I legally change my name?

If you do not want to retain an attorney, there are self-help forms on the Kansas Judicial Branch website. The court staff may not assist you in completing any forms or provide legal advice.

12. Can I lose my real estate by not paying the property taxes?

Yes. Failure to pay the real estate taxes can cause you to lose your property. If a landowner does not pay taxes on real estate, the county can sell the property in a tax foreclosure action.

13. What is a tax foreclosure sale?

A tax foreclosure sale is the forced sale of real estate property by a governmental entity because the taxes were not paid.

14. When can my real estate property be subject to a tax foreclosure judgment and sale?

Real estate property with taxes delinquent for 3 years or more are subject to a tax foreclosure action and sale.

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1. What if I cannot afford an attorney and must appear in criminal court?

If you cannot afford an attorney and are coming to court for a criminal matter, you may ask the court to appoint an attorney to represent you. To apply for a court appointed attorney, you will be required to complete an application and financial affidavit that includes your financial information. If the judge determines that you qualify for a court appointed attorney, he or she will appoint one to represent you. You may be required to reimburse the State of Kansas for attorney fees.

2. Why do I have to pay attorney fees if an attorney was court appointed to represent me?

K.S.A. 21-4603 provides that persons who are convicted of a crime must reimburse the State general fund for all or part of the attorney fees and expenses paid by the Kansas State Board of Indigents’ Defense Services. Attorneys appointed on misdemeanor matters are paid by the counties, who have adopted a policy similar to the State’s policy concerning the reimbursement of attorney fees.

3. How do I get my criminal conviction expunged?

There are some convictions that cannot be expunged and all convictions have time limits that must be met before an expungement can be sought. It is advisable to consult an attorney. Self-help forms are available at the Kansas Judicial Council website.

4. I have an active bench warrant, what should I do?

If you have an active bench warrant, you should contact your attorney. Secondly, turn yourself into law enforcement and then be prepared to pay the bond. If you need further information about the case, you can contact the District Clerk’s Office; however, bench warrants are authorized by the judge and clerks cannot change any of the orders.

5. How can I find out if someone has a criminal record?

You may contact the Kansas Bureau of Investigation for criminal record searches.

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1. How do I get a divorce?

It is recommended that you hire an attorney to file the proper paperwork and represent you in a divorce matter. If you chose to represent yourself, you must file the correctly completed paperwork with the court and pay the filing fee.

No Contested Issues

If both parties agree on all the issues involved, the respondent (the non-filing party) may sign a voluntary entry of appearance and the clerk can set a hearing date to finalize the divorce. 

Contested Issues

If the parties are not in agreement, the respondent must be served with notification that a divorce proceeding has been filed. The respondent is given an opportunity to respond (answer) to the filing. When there are contested issues within the divorce, the judge will make rulings concerning these matters issues at the scheduled hearing.

2. Where do I get forms to file for a divorce?

Approved forms are available at the Kansas Judicial Council website.  Effective July 1, 2019, the District Clerk Offices no longer provide the forms.

3. I was served with a summons and petition for divorce. What should I do?

You should consult with an attorney who will be able to answer your questions. The attorney will prepare a signed written response (answer) to the petition and file it with the court. If you choose to prepare an answer yourself, you must file it with the district court office in which the divorce petition was filed. The answer must be filed within a certain number of days so check the summons carefully for that information. A copy should also be sent to the other party’s attorney or directly to the other party if they are not represented by an attorney.

4. How can I get my child support lowered or increased?

You will need to file a motion with the court to adjust your child support. A fee is required for filing a post-divorce motion that pertains to child support, parenting time (visitation) or custody. It is advisable that you hire an attorney, but it is not required.

5. Who can help me collect my child support?

Contact an attorney for assistance or contact your local Department of Children and Families office and they will direct you to their child support enforcement agency.

Kansas Department of Children and Families Website

6. Who do I contact about my child support payments?

Visit Kansas Payment Center website or call 877-572-5722.

7. What is my child support balance or my arrearage?

The court does not keep records on child support balances. Check with your attorney or child support enforcement agency.

8. What is the difference between a protection from abuse restraining order and a civil restraining order?

1. A protection from abuse restraining order must meet certain relationship requirements and actual abuse must have occurred.
2. A civil restraining order can prevent someone from selling, disposing, entering certain property or doing something specific until a determination is made by the court.

9. How can I file a petition for protection from abuse to get a restraining order?

If you meet the following requirements, you may file a Petition for Protection from Abuse Order with any District Court office:

1. You may seek a protection from abuse order for yourself; your minor child(ren) or other minor child(ren) who reside with you.
2. You and the person you want to have restrained must be in or have been in a romantic relationship, currently live together or have lived together in the past, or have a child in common.
3. Each person needing protection must have been abused by one of the following means:
   1. The defendant physically hurt or attempted to physically hurt you and/or a minor child intentionally;
   2. The defendant threatened to physically hurt you and/or a minor child;
   3. The defendant engaged in any sexual contact or attempted sexual contact with you or a minor child when such person was incapable of giving consent; or, engaged in sexual conduct (touching or sexual intercourse) with a minor child under 16 years of age.

10. How can I file a petition for protection from stalking or sexual assault to get a restraining order?

1. You may seek a protection from stalking or sexual assault restraining order for yourself; your minor child(ren) or other minor child(ren) who reside with you.
2. Stalking or sexual assault must have occurred against each person for whom protection is sought.
3. You may file a Petition for Protection from Stalking or Sexual Assault Order in any district court. In addition, you must complete the Protection from Stalking or Sexual Assault Confidential Address Form and include it with your petition.

11. When the court orders child support to be paid, why don’t they implement collection actions?

When one party in a case files a motion requesting child support be paid, the party that applied for the child support has the obligation of enforcing the order they requested.

12. How can I get custody of my children?

This is a legal question. You should contact an attorney.

13. Who do I contact to help me fill out garnishment papers for a wage withholding?

An accounting firm or an attorney can assist with the completion of wage or non-wage garnishment forms.

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1. This is an example question?

This is an example.

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1. What is the difference between a mortgage foreclosure and a tax foreclosure?

A mortgage foreclosure may be filed because a borrower failed to make payments to the lender, whether it be a mortgage company, bank or credit union, as promised in a contractual agreement.

A tax foreclosure may be filed against property by the county because real estate taxes were not paid by the property owner as required by law.

2. Can I lose possession of my real estate by not making the mortgage payments as agreed?

Yes. Failure to make payments to the lender may result in a foreclosure action being filed.

3. What should I do if a mortgage foreclosure is filed against my property?

Contact your lending agency or an attorney.

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1. What are the office hours for the District Court Offices?

The District Court clerk offices are open from 8 a.m. to 4 p.m. Monday through Friday. Offices are closed on weekends and legal holidays.

2. What are the phone numbers for the District Court Offices?

• Coffeyville Location Phone: 620-251-1060
• Independence Location Phone: 620-330-1070
• Sedan Location Phone: 620-725-5870

3. Will the court staff provide answers to legal questions?

Court clerks and personnel are not allowed to give legal advice or assistance per Kansas Supreme Court Administrative Order 232. This includes, but is not limited to the following:

1. Recommending any specific course of action
2. Assisting with completion of any forms
3. Advising how a particular definition of a word applies to a specific situation
4. Interpreting statutes or rules or whether a particular statue or rule applies to a specific situation
5. Advising about rules, evidence, witnesses, objections or rulings

If you need legal advice, you should contact an attorney licensed to practice law in the State of Kansas. You may obtain information concerning attorney referral through the Kansas Bar Association at 785-234-5696 or by visiting the Kansas Bar Association website. Reduced fee legal assistance may be available through Kansas Legal Services by calling 800-675-5860.

4. Can the court staff tell me what is happening in my case?

The clerk can inform you of recent filings in your case, but cannot advise you about what is happening in your case.

5. Can I represent myself in my court case?

An individual has a right to represent themselves. The court staff nor the judge are allowed by law to give you legal advice or recommend a specific attorney for you.

6. When is my court date?

You may view a list of upcoming hearing dates on this website under “Dockets.” Special settings with a Judge may not be listed. Please consult with your attorney if you have any questions or concerns.

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1. I received a juror questionnaire in the mail, do I have to complete and return it?

All juror questionnaires must be completed and returned for processing within two days of receipt.  A person willfully or corruptly making false answers to any of the questions shall be deemed guilty of a Class A misdemeanor.  Failure to answer questions shall be punishable with contempt of court. (K.SA. 43-161).

2. May I have someone else complete the questionnaire for me?

If it is necessary for another person to fill out the form for you, his or her name, address, and the reason for their assistance should be stated on the back of the questionnaire.

3. How did I get selected to be a juror?

The 14th Judicial District uses the list of licensed drivers provided by the State of Kansas Department of Motor Vehicles (DMV). A computer randomly selects a pool of county citizens who may be qualified as potential jurors for upcoming jury trials.

4. What if I am not a county resident?

If you are not a county resident, you cannot serve as a juror in this county. Some people live near county borders and may receive an incorrect juror questionnaire. You should note that information in writing on the questionnaire and return it to the issuing county.

5. What are the age requirements to serve as a juror?

A juror must be 18 years of age. While there is no law regarding a maximum age disqualification, the 14th Judicial District will excuse jurors over the age of 70, if requested. Please indicate your preference on the juror questionnaire.

6. What if I have a disability?

The Court will accommodate anyone summoned to serve as a juror. Please indicate your needs when your return the questionnaire. You may also request relief from serving as a juror if the service creates a hardship. However, such a request does not guarantee you will be excused.

7. How often will I have to serve as a juror?

You will not be required to report for jury duty or serve as a juror more than once in a 12-month period. If you receive a questionnaire to complete for jury qualification twice in a year's time, please indicate such on your questionnaire and court personnel will excuse you. You may receive more than one summons to appear to serve as a juror within any given year if previous appearance dates were cancelled by the court.

8. Are college students required to serve?

If you are a full-time college student, living a considerable distance from the city where court is held, please indicate that on your juror questionnaire. Each student requesting excused status will be reviewed on an individual basis.

9. Are parents with children at home excused from jury service?

No. Parents with children residing in the home are not automatically excused from jury service. If we excluded all parents with small children, our jury pool would not truly be representative of our community. You are responsible for arranging for your own child care if you are called for jury service. Special consideration may be given to a mother who is currently breastfeeding an infant.

10. What about missing work?

Jury service is the duty of all citizens, including employers and employees. Employers must not reprimand you for jury service. The District Court will provide documentation of your attendance for your employer upon request. If you have any questions or problems please call the telephone number on your summons.

11. Can I obtain a jury service verification letter for my employer?

The Clerk of District Court will provide a letter verifying your jury service upon request.

12. Is it necessary to call the jury message number the day before I am scheduled to report?

Yes. You should call the message number the evening before you are scheduled to appear. The message will either instruct you to appear or cancel your appearance. It is your responsibility to call as directed on your summons as you will not be notified in any other manner in the event of a cancellation. If you appear for a cancelled trial because you failed to call as directed, you will not be paid juror fees or mileage.

13. May I bring my cell phone when reporting for jury duty?

Cell phones or other electronic devices are not allowed in the courtroom.

14. What should I wear when reporting for jury duty?

The dress code for jury duty is business casual. Shorts and tank tops are not acceptable attire. The temperature in the courtroom may fluctuate so it is recommended to dress in layers. Do not wear a uniform of any kind, including but not limited to:

• EMT
• Firefighters
• Law enforcement
• Military
• Nursing scrubs
• Security
• Any other easily recognized uniform

15. Do jurors get paid?

Jurors will receive $10 for each day they appear. In addition, jurors will be paid mileage if they live outside the city limits of the courthouse location. Payments will be made by the county.

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1. What is a Juvenile Offender case?

Juvenile Offender cases involve crimes allegedly committed by a minor.

2. What is Child in Need of Care case?

A Child in Need of Care (CINC) case alleges that the child is in danger due to neglect or abuse, has run away from home or is not attending school. These cases are confidential and sealed by the Court.

3. What is a Juvenile Tobacco case?

Juvenile tobacco cases allege that a minor has possession of, or purchased cigarettes, electronic cigarettes or tobacco products. Juvenile tobacco infractions are procedurally handled like traffic citations and are not confidential.

4. How are summonses issued in juvenile cases?

Summonses are issued by first class mail or service by a process server in Juvenile Offender and Child in Need of Care cases. A juvenile tobacco citation will include the hearing date and time.

5. Are juvenile records open to the public?

Child in Need of Care (CINC) records are closed to the public. The official file on juvenile offender cases is open to the public. The court may close the file when the youth is less than 14 years old and the judge determines that closing the file is in the best interest of the juvenile. Information about victims and alleged victims of sex offenses are not disclosed or open to the public under any circumstance.

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1. What is the process to get a marriage license?

HOW TO APPLY FOR A NEW MARRIAGE LICENSE

 

 

• Go to kscourts.org/Public and you will see a line that says "Apply for a marriage license"
  1. Click that line on and follow the instructions on the screen
     1. After you submit the license, the Court will receive it through an on-line portal
        1. After the Court receives it, there is a 3-day waiting period
           1. The Court will then process the license and return it to the email address provided on the application
           2. Instructions will be included in the email for returning the license to us after the ceremony

2. What is the cost of a marriage license and when do I pay it?

The current cost of a marriage license is $85.50, but it is subject to change by the Kansas Legislature. The fee must be paid when the application is completed online.  

3. Do we have to get our marriage license in the county where we plan to marry?

No. A marriage license issued from any District Court office in Kansas is valid anywhere in Kansas. However, you must be married in the State of Kansas and you must give the officiant the official marriage license before the ceremony is performed.

4. Does my marriage license expire?

When the license is issued, it will contain an expiration date which is six months from the date of the issuance of the license. You must get married within the six month time frame or begin the process anew should it expire.

5. What are the age requirements to obtain a license?

The minimum age requirement is 18 years old.  If any party under the age of 18 wishes to enter into marriage, please review the specific legal requirements per Kansas Family Law Code.

6. How do I get married by a judge?

Currently, our Judges are not performing marriages.  

7. Are blood tests required to apply for a marriage license in Kansas?

No. Blood tests are no longer required in the State of Kansas to obtain a marriage license.

8. Will I receive an official marriage license in the mail after the ceremony?

No. Marriage license copies will not be issued without your request. To obtain a certified copy of your marriage license you may apply to the Bureau of Vital Statistics in Topeka, Kansas by visiting the Bureau of Vital Statistics website, or calling 877-305-8315. Payment shall be made by credit card.

9. How do I get a certified copy of my marriage license?

The District Court office is prohibited from providing certified copies of marriage licenses.  You must contact Kansas Vital Statistics.

An unofficial copy may be obtained through the Clerk of the District Court office by either of the parties involved in the marriage when a government issued photo identification is presented in person.  This document will not be certified by the clerk and copies cannot be issued by mail.

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1. How do I file a will?

Any person possessing a decedent’s Last Will and Testament may file it in the District Court office of the county of decedent’s last residence. An Affidavit of Filing of the Will must be filed too. No action will be taken by the court on this type of filing; it simply preserves the will in the event probate proceedings are later required. Affidavit of Filing of the Will forms are available at the Kansas Judicial Branch website. A docket fee will be due at time of filing.

2. How do I probate a will or an estate without a will?

This type action requires legal advice. You should consult an attorney.

3. How do I become a guardian and/or conservator for someone?

This type of action requires legal advice. You should consult an attorney.

4. Where can I obtain a Small Estate Affidavit?

Small Estate Affidavit forms are available at the Kansas Judicial Branch website.

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1. What is the difference between a protection from abuse restraining order and a civil restraining order?

1. A protection from abuse restraining order must meet certain relationship requirements and actual abuse must have occurred.
2. A civil restraining order can prevent someone from selling, disposing, entering certain property or doing something specific until a determination is made by the court.

2. How can I file a petition for protection from abuse to get a restraining order?

If you meet the following requirements, you may file a Petition for Protection from Abuse Order with any District Court office:

1. You may seek a protection from abuse order for yourself; your minor child(ren) or other minor child(ren) who reside with you.
2. You and the person you want to have restrained must be in or have been in a romantic relationship, currently live together or have lived together in the past, or have a child in common.
3. Each person needing protection must have been abused by one of the following means:
   1. The defendant physically hurt or attempted to physically hurt you and/or a minor child intentionally;
   2. The defendant threatened to physically hurt you and/or a minor child;
   3. The defendant engaged in any sexual contact or attempted sexual contact with you or a minor child when such person was incapable of giving consent; or, engaged in sexual conduct (touching or sexual intercourse) with a minor child under 16 years of age.

A civil information sheet must be included with your Petition.

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1. What is the difference between a protection from abuse restraining order and a civil restraining order?

1. A protection from abuse restraining order must meet certain relationship requirements and actual abuse must have occurred.
2. A civil restraining order can prevent someone from selling, disposing, entering certain property or doing something specific until a determination is made by the court.

2. How can I file a petition for protection from stalking or sexual assault to get a restraining order?

1. You may seek a protection from stalking or sexual assault restraining order for yourself; your minor child(ren) or other minor child(ren) who reside with you.
2. Stalking or sexual assault must have occurred against each person for whom protection is sought.
3. You may file a Petition for Protection from Stalking or Sexual Assault Order in any district court. In addition, you must complete a civil information sheet and Protection from Stalking or Sexual Assault Confidential Address Form and include it with your Petition.

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1. Are court records available to the general public?

The Kansas Open Records Act allows you to inspect and obtain copies of public records maintained by Kansas courts, as long as these records are not exempt from disclosure. If a file is “open to the public” you may view the record on the public access terminal at the District Clerk’s Office.

2. What records are available to the general public?

The most common requested records are court case files and transcripts and final judgments from civil, probate and criminal cases. Some records may be exempt by judicial rule, order or case law. The more commonly requested records that are not available include:

• Adoption records
• Certain criminal investigation records
• Child in need of care records
• Expunged criminal and juvenile records

3. Can I obtain someone’s address from the court records?

The court cannot release individuals’ addresses or personal information. We can, however, give you contact information for an attorney or law firm on a case.

4. How do I obtain a copy of a marriage license?

To obtain a certified copy of your marriage license you may apply to the Bureau of Vital Statistics located in Topeka, Kansas. You may visit the KS Bureau of Vital Statistics website or call 877-305-8315. Birth and death certificates are also available from this same site. Payment must be made by debit or credit card.

5. How do I obtain copies from a court record?

Public computer terminals are located at each District Court office. You may look up and print court records in the county where the case is filed. Printing costs may apply.

Requests for court records may also be made in writing addressed to the District Court Clerk’s Office. Please be as specific as possible by including the case number (if available), type of case and any documents you are requesting.

6. What is the cost of printing or receiving copies of court records?

• Act of Congress Attestation: $5 each
• Certification: $1 per document
• Copies: $0.25 cents per page
• Extended Research: $13.50 per hour
• Off-Site File Retrieval: $30 for the first file and $15 for each additional file on the same order
• Sending a Fax: $1 per page

7. Will the court staff help identify and explain the information in a court record?

No. Court staff may conduct a search for a case or a document in a case that requires making a legal determination such as whether a judgment is current or a lien exists. Court staff also will not prepare a report or create a record to satisfy your request if that document does not already exist.

8. May I request searches over the phone?

Requests for record searches will not be accepted over the telephone. All requests much be made in writing.

9. Where can I go for a background check on someone?

Background checks are performed by the Kansas Bureau of Investigation by calling 785-296-8200.

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1. How are Small Claims cases different from other cases?

Small Claims are civil lawsuits that do not exceed $4,000 in dispute. The claim must be for the recovery of money or personal property. The parties must represent themselves in small claims and cannot have an attorney represent them in the case.

2. Who can I sue in Small Claims Court?

You may sue any person or business in Kansas that you believe owes you money or property. The person being sued must be over 18 years of age. You may not sue the State or a local governmental unit in Small Claims Court per KSA 75-6103(2). Any business or corporation may use the Small Claims Court process. However, collection agencies are prohibited from doing so in order to collect from their clients.

3. How do I decide where I file my Small Claims case?

You must file the case in the county where that person(s) or business resides, or in the county where the transaction took place if the defendant was a resident at that time (verification required), or the county where the defendant can be served with a summons.

4. What is the procedure to file a Small Claims case?

Visit the appropriate District Clerk’s Office and request the necessary forms for filing small claims. They will provide you with a Civil Information Sheet and a Petition. You may fill out forms at the office and file them immediately or you may take them home to complete and file later. Please note that your signature on the petition must be notarized or signed before the Clerk. 

Fees

The required filing fee must be paid at the time of filing by cash, personal check or money order payable to the Clerk of District Court.

There is also a $15 sheriff's service of process fee. This is required to serve a summons on the defendant in your case. A separate check or money order made payable to the County Sheriff's Office must accompany your petition. Do not combine the sheriff's fee with a check or money order for the filing fee.

5. Why do I need an address for the party I am suing?

The person being sued must be able to be located so they can be legally served or given an official summons (or notice to appear) in court. It is your responsibility to include the address on the petition form when you file it with the Clerk's Office.

6. Can I bring witnesses to testify about my claim?

Each side is allowed to have witnesses or exhibits to support their claim. You may subpoena witnesses so that you and the judge may question them about your claim. When issuing a subpoena, you must include a $10 fee plus mileage remittance payable to the witness as payment for appearing.

Again, there is a $15 sheriff's service of process fee that must accompany the subpoena. For each witness being subpoenaed, a check or money order made payable to County Sheriff's Office must be provided by the party wishing to subpoena witnesses.

7. What will happen at the small claims hearing?

Small Claims Court proceedings are conducted informally by the judge. You will present your claim so bring any evidence, documents, or other proof you need to support your case. The defendant will also be allowed to present their side of the case. The judge may make a decision immediately after hearing both sides or he may continue the case to another date. If the defendant was served a summons and does not show up for the hearing, the judge may declare the defendant to be in default and award judgment to the plaintiff (you).

8. What do I do to collect my money or property?

The Court is not responsible for collections in the Small Claims cases. If you win your case, you become the Judgment Creditor. The loser of the case is the Judgment Debtor. A form entitled "Judgment Debtor's Statement of Assets" will be attached to the copy of the Journal Entry of Judgment which is given to the Judgment Creditor. This form is used to help in the collection of the judgment, as the basis for proceedings such as executions and garnishments of wages and bank accounts or other property should that become necessary. The “Judgment Debtor’s Statement of Assets” form contains instructions for both the Judgment Creditor and Judgment Debtor regarding how to proceed. You may obtain garnishment forms from the Clerk’s Office or they are available at the Kansas Judicial Branch website. You may hire an attorney to help you collect the judgment.

9. Is the Small Claims Court ruling final?

If you lose, an appeal may be filed in District Court. The Clerk of the District Court can provide you with a Notice of Appeal form for your completion. A filing fee is required at the time of filing. Appeals cost more money since they involve payment for another filing fee and service fees. You may wish to retain an attorney to advise and represent you in the appeal process and hearings.

10. What do I do, if I am being sued in Small Claims Court?

If you are being sued in Small Claims Court and you agree that owe the other party money or property, you may pay the filing party what you owe and you will not have to appear in court. After the matter is resolved, you are responsible for providing the court with a receipt or statement signed by the other party acknowledging the claim has been paid in full. This must be filed before the scheduled hearing date and time.

Counterclaim

If you have a claim against the plaintiff (the other party) in connection with the same matter that his claim concerns, you may file a counterclaim. Fill out the "Defendants Claim" form that came with the summons and return it as soon as possible to the Court. You still must appear at the scheduled court hearing.

Court Appearance

If you do not settle the claim against you out of court, then you must appear in court at the time scheduled or the judge may rule against you. Remember to bring with you any documents or evidence that will support your side of the dispute, and any witnesses who can speak on your behalf. The judge will give both you and the other party a chance to speak before making a decision. If the judge decides against you, you are legally bound to pay the plaintiff whatever the judge orders you to pay. You may appeal the judge’s decision.

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1. Why was I served with a Tax Warrant?

Tax warrants are filed by the Kansas Department of Revenue for recovery of delinquent tax obligations. If any tax due to the State of Kansas is not paid within 60 days after it becomes due, the Director of Revenue or their designee issues a warrant.

2. Why is a Tax Warrant filed with the District Court?

The tax warrant amount is recorded with the court and becomes a lien upon the real property title and interest of the taxpayer(s) named on the tax warrant.

3. What methods does the Director of Revenue use to collect the taxes due?

Tax warrants are treated as civil cases. The Director of Revenue or their designee may use executions, garnishments or other methods of collections allowable in civil cases.

4. I received a “Satisfaction of Judgment” from the Kansas Department of Revenue, what should do with it?

You should take the Satisfaction of Judgment to the District Court office where the tax warrant was filed. The lien on the taxpayer’s real property is not released until the Satisfaction of Judgment is filed with the court. There will be a filing fee assessed. Once the Satisfaction of Judgment is filed, you will receive a certified copy for your records. You may be required to provide this documentation to different agencies to get the lien released from their records.

5. Why do I have to pay a fee for filing the “Satisfaction of Judgment” of a tax warrant?

Tax warrants and liens are filed by a state government office. The fee for filing tax warrants is due from the taxpayer and is not collected until the judgment is satisfied or the lien is released.

6. What should I do if a Tax Warrant shows up on my credit report?

You should provide a certified copy of the Satisfaction of Judgment to the credit reporting agency. The District Court office does not inform these agencies when a Satisfaction of Judgment is filed. This is your responsibility.

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1. I received a traffic citation, do I have to go to court?

If the officer completed the fine(s) and fee portion of your traffic citation, you may pay the total amount by the hearing date and not be required to appear in court.
If the officer did not complete the fine(s) and fee portion of the citation, you should contact the clerk’s office for further information or appear in court on the date and time listed on the citation.

2. Can I be required to appear in traffic court?

Yes. If the charge is of a more serious nature, a mandatory court appearance is required for the judge to set the fine. When you contact the Clerk’s Office, you will be instructed to appear on the date and time on your citation. Your appearance is required.

3. Can I get an extension of time to pay my traffic fine?

Yes, if your citation does not require you to appear in person. As early as possible, contact the Clerk’s Office and request a “Plea and Request for Extension” form. You must return the completed form to the clerk’s office before the scheduled hearing date on your citation. The judge will then review and either grant or deny your plea and request.

4. How do I request a diversion?

You need to contact the County Attorney's office at 620-330-1020.

5. What happens if I fail to appear or pay my ticket by the court date?

When a person fails to appear as ordered or pay their ticket by the court or extended due date, it may result in a suspension of their driving privileges and/or a bench warrant for the defendant's arrest.

6. If my license was suspended due to lack of payment or failure to appear, how can I get my license reinstated?

After payment is made on a case where the license has been suspended the Kansas Department of Motor Vehicles is automatically notified to lift the suspension.

7. I have an active bench warrant, what should I do?

You should contact your attorney and turn yourself into local law enforcement. Be prepared to pay the bond. If you need further information about the case, you can contact the District Court office, however, bench warrants are authorized by the Judge and the clerks cannot change any of the orders.

8. Does the Court use collection agencies to collect overdue traffic cases?

Yes. The Court works with a collection agency on cases that the defendant has been sentenced and/or the case has a standard fine and costs. When the fines and fees are not paid by the due date, the case is sent to a collection agency. After the case is in collections, the court will no longer accept payments on the case. The collection agency charges a fee for collecting the money so you end up paying more than originally required. You may contact the collection agency at the Butler Law website.