Kansas Statutes Annotated

K.S.A. § 61-2802 (2026)

Application of code

✓ current as of May 2026
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61-2802. Application of code. (a) This act may be used to govern the procedure for a civil lawsuit filed in the district court which:

(1) Seeks judgment for a debt which is not secured by a lien and arises out of a contract for the providing of goods, services or money, without limitation as to the amount claimed in the lawsuit;

(2) seeks judgment for a debt which is secured by a lien and arises out of a contract for the providing of goods, services or money, where the amount claimed in the lawsuit, not counting costs, interest and fees, does not exceed $25,000; or

(3) seeks judgment where the claim does not arise out of a contract and the amount claimed in the lawsuit, not counting costs, interest and fees, does not exceed $25,000.

(b) The following types of lawsuits may not be filed under this act:

(1) Actions against any officers of the state, or any subdivisions thereof, for misconduct in office, except as authorized by the Kansas tort claims act, K.S.A. 75-6101 et seq., and amendments thereto;

(2) actions for specific performance of contracts for real estate;

(3) actions in which title to real estate is sought to be recovered or in which an interest in real estate, either legal or equitable, is sought to be established, except that nothing in this paragraph shall be construed as limiting the right to bring an action for forcible detainer as provided in K.S.A. 61-3801 through 61-3808, and amendments thereto;

(4) actions to foreclose real estate mortgages or to establish and foreclose liens on real estate as provided in article 11 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto;

(5) actions for divorce, separate maintenance or custody of minor children;

(6) habeas corpus;

(7) receiverships;

(8) change of name;

(9) declaratory judgments;

(10) mandamus and quo warranto;

(11) injunctions;

(12) class actions;

(13) rights of majority; and

(14) any appeal from an order or ruling of an administrative officer or body.

History: L. 2000, ch. 161, § 2; January 1, 2001.

Notes of Decisions
Cited in 4 cases (4 in the last 5 years), 2021–2024 · leading case: Jackson v. Coleman (Kan. Ct. App. 2021).
Bohanon v. Keen (Kan. Ct. App. 2021). “K.S.A. 2020 Supp. 61-2802(b)(9), (b)(11).”
Jackson v. Coleman (Kan. Ct. App. 2021). “See K.S.A. 61-2802. 4 When Jackson failed to appear at the hearing on November 13—of which she plainly had notice since it was scheduled during the October 23 hearing when she was present—the district court had the authority to enter a default judgment in favor of Coleman on the…”
Allen v. Clark (10th Cir. 2024). “Allen’s case for lack of subject matter jurisdiction, pursuant to Kan. Stat. Ann. § 61-2802 (B)(14), which provides that the small claims court itself cannot decide an “appeal from an order or ruling of an administrative officer or body.”
Wichita Hoops, LLC (Bankr. D. Kan. 2023). “See K.S.A. 61-2802(b)(3). Section 61-3801 states that the scope of Article 38 governs suits to evict a person from possession of real property but may include a request for judgment for the amount of rent then due.”
— K.S.A. § 61-2802(b)(3) — 1 case
Wichita Hoops, LLC (Bankr. D. Kan. 2023). “See K.S.A. 61-2802(b)(3). Section 61-3801 states that the scope of Article 38 governs suits to evict a person from possession of real property but may include a request for judgment for the amount of rent then due.”
— K.S.A. § 61-2802(b)(9) — 1 case
Bohanon v. Keen (Kan. Ct. App. 2021). “K.S.A. 2020 Supp. 61-2802(b)(9), (b)(11).”
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