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Kansas Statutes Annotated

K.S.A. § 58-2312 (2026)

Stipulation for attorney fees void

✓ current as of May 2026
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58-2312. Stipulation for attorney fees void. Except as otherwise provided by law, any note, mortgage or other credit agreement may provide for the payment of reasonable costs of collection, including, but not limited to, court costs, attorney fees and collection agency fees, except that such costs of collection: (1) May not include costs that were incurred by a salaried employee of the creditor or its assignee; and (2) may not include the recovery of both attorney fees and collection agency fees.

History: L. 1876, ch. 77, § 1; R.S. 1923, 67-312; L. 1994, ch. 276, § 3; July 1.

Notes of Decisions
Cited in 23 cases, 1981–2015 · leading case: Hartford Fire Ins. Co. v. P & H Cattle Co., Inc., 451 F. Supp. 2d 1262 (D. Kan. 2006).
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Hartford Fire Ins. Co. v. P & H Cattle Co., Inc., 451 F. Supp. 2d 1262 (D. Kan. 2006). · cites it 11× “Whether the version of K.S.A. 58-2312 in effect at the time the General Indemnity Agreement was signed nullifies the attorney fee provision As part of its claim for contractual indemnity (Count I) under the General Indemnity Agreement, Hartford seeks to recover,.”
Iola State Bank v. Biggs, 662 P.2d 563 (Kan. 1983). · cites it 7× “K.S.A. 58-2312 provides: “Hereafter it shall be unlawful for any person or persons, company, corporation or bank, to contract for the payment of attorney’s fees in any note, bill of exchange, bond or mortgage; and any such contract or stipulation for the payment of attorney’s…”
Baxter State Bank v. Bernhardt, 985 F. Supp. 1259 (D. Kan. 1997). · cites it 19× “Because the court agrees that those fee provisions are void and unenforceable under Kansas law, it grants defendants’ motion.”
Santa Rosa KM Assocs., Ltd., PC v. Principal Life Ins. Co., 206 P.3d 40 (Kan. Ct. App. 2009). · cites it 15× “The district, court denied Principal’s claim for attorney fees on two bases: (1) The note and mortgage do not contemplate an award of fees in a declaratoiy judgment action such as this, and (2) K.S.A. 58-2312 permits the recoveiy of fees only in a collection action, which this…”
Woerner v. Farmers All. Mut. Ins. (In Re Woerner), 19 B.R. 708 (Bankr. D. Kan. 1982). · cites it 6× “K.S.A. § 58-2312 (1976) provides: [I]t shall be unlawful for any person or persons, company, corporation or bank, to contract for the payment of attorneys fees in any note, bill of exchange, bond or mortgage; and any such contract or stipulation for the payment of attorney’s…”
Ryco Packaging Corp. v. Chapelle Int'l, Ltd., 926 P.2d 669 (Kan. Ct. App. 1996). · cites it 5× “The district court found that when the guaranty was executed by the parties in April 1993, K.S.A. 58-2312 (Ensley) invalidated any contract provision in any “note, bill of exchange, bond or mortgage” which required the payment of attorney fees.”
In Re Dvorak, 176 B.R. 929 (Bankr. D. Kan. 1995). · cites it 10× “The enforceability of an attorney’s fee clause in an agreement concerning realty or personalty is governed by K.S.A. 58-2312, which states in pertinent part: Hereafter it shall be unlawful for any person or persons, company, corporation or bank, to contract for the payment of…”
Benedictine Coll., Inc. v. Century Off. Prods., Inc., 868 F. Supp. 1239 (D. Kan. 1994). · cites it 12× “K.S.A. § 58-2312. The Kansas Legislature amended this statute by Senate Bill No.”
Ross v. Rothstein, 92 F. Supp. 3d 1041 (D. Kan. 2015). · cites it 8× “1Í and 12 — Plaintiff Objects to the Report’s Conclusion that Defendant is Entitled to Attorney’s Fees Under the (Superseding) Pledge Agreement, But Even if Defendant Is So Entitled, Plaintiff Argues That The Court Must Limit the Recovery of Fees to the “Reasonable Costs of…”
Millennium Fin. Servs., L.L.C. v. Thole, 74 P.3d 57 (Kan. Ct. App. 2003). · cites it 3× “MFS argues it is entitled to attorney fees under K.S.A. 58-2312 and K.S.A. 84-9-504, and based on Dopps’ conversion of the collateral at issue.”
Benedictine Coll., Inc. v. Century Off. Prods., Inc., 866 F. Supp. 1323 (D. Kan. 1994). · cites it 7× “K.S.A. § 58-2312. The Kansas Legislature amended this statute by Senate Bill No.”
In Re Am. Metals Corp., 31 B.R. 229 (Bankr. D. Kan. 1983). · cites it 2× “89 in pre-petition interest as secured. THIS MEMORANDUM SHALL CONSTITUTE MY FINDINGS OF FACT AND CONCLUSIONS OF LAW UNDER BANKRUPTCY RULE 752 AND RULE 52 OF THE FEDERAL RULES OF CIVIL PROCEDURE.”
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