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How to Answer a Summons for Debt Collection in Kansas

Written by Hannah Locklear · Fact-checked by George Simons, JD/MBA
Last updated on May 28, 2026

Summary: You have 21 days to respond to a debt lawsuit in Kansas. In order to respond, you should file an Answer document where you address each claim against you and assert your affirmative defenses. SoloSuit can help you draft and file an Answer in a matter of minutes.

Are you being sued by a creditor or debt collector? It can be very tempting to ignore these matters, especially when you know you don't have the money to pay. But it is very important to respond. If you have received a civil chapter 61 warrant, you need to respond and go to court.

Especially if you do not agree with the debt in part or in full, you should make sure that you respond to the Summons and Complaint. Responding guarantees that you will be able to state your defenses in court, and provide evidence backing up your claims.

The document that you need to file to respond to a debt lawsuit in Kansas is an Answer document that must be filed with the courts. Learn here what needs to be included in this document, and how Solosuit can help you meet state requirements.


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Table of Contents

Kansas Deadline for Answering a Debt Collection Summons

21 days - You only have 21 days to file an Answer with the court after you're served the Summons and Complaint, according to Kansas Statutes 60-212 (A)(i), which states:

(A) A defendant must serve an answer:
(i) Within 21 days after being served with the summons and petition.”

You should make filing your Answer a priority, as soon as you receive the Summons and Complaint. If you miss the deadline, the court could find you in default and grant a judgment to the creditor.

Remember that you must file your Answer with the courts, as well as provide the plaintiff with a copy before the 21 day deadline. That means that you want to give yourself at least a few days to allow for filing and/or mailing, as well as resolving any complications in filing your Answer.

If the clock is already ticking and you haven't done anything about your Answer yet, SoloSuit allows you to develop your Answer and file it quickly and easily, right from the comfort of your own home or office.

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Kansas Answer to Summons Forms

SoloSuit can take your inputted information from any smart device, format it to match the Kansas Answer form, and file or mail it for you. The SoloSuit Answer form

You can also try this Kansas Answer form from the Kansas courts website. This is Kansas's general answer form for civil lawsuits like debt collection cases. It responds to the Summons and Complaint.

The Kansas state answer form requires you figure out how to respond to the allegations in the Complaint and to make your own affirmative defenses.

The other information required on the form is basic information such as your identifying information, your contact information, your attorney's information if applicable, and identifying case information, as well as filing date. Learn more here.

Answer Filing Fees for Kansas

Kansas does not charge fees to file your Answer with the court, as long as it only contains your reasons for denying the claim, as well as your affirmative defenses. However, if you want to file a Defendant's Claim, or counterclaim, you will have to pay the same filing fees as the petitioner.

Those counterclaim filing fees are:

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

You only need to include a filing fee if you are filing a Counterclaim with your Answer. Note that in the state of Kansas these are two separate forms, although they can both be accessed from the same site, and Solosuit can assist you with either.

Steps to Respond to a Debt Collection Case in Kansas

When you get a Summons and Complaint from a debt collector, it can be very tempting to just toss it aside and forget about it, especially if you know you don't have the means to pay the debt. This is a huge mistake.

If you fail to respond to a debt collection case in Kansas, the judge will grant a default judgment to the plaintiff upon request. This means that you would have to pay the debt anyway, without a chance to defend yourself. It also means that your wages could be garnished, and you would have no control over whether or not you could actually afford it.

When you file an Answer with the courts, it gives you a chance to explain why you think you don't owe the money. This also gives you a chance to be in court and defend yourself and the reasons you didn't pay the debt. To respond to your debt lawsuit in Kansas, follow these three steps:

  • Address each claim against you.
  • Assert affirmative defenses.
  • File the Answer with the court and serve the plaintiff.

Keep reading for a detailed breakdown of each of these steps. Don't like reading? Check out this video instead:

The Answer document begins with identifying information for you, the plaintiff, and the case. You can pull most of this information from the debt Complaint and Summons documents. The information that must be included at the top of the Answer document in Kansas includes your name, address, phone number, and email address, your attorney's name, if applicable, the name of the plaintiff, the County in which the case was filed, and the case number.

SoloSuit helps you locate this information and properly format it in your Answer.

Now, without further ado, let's take a closer look at the steps to respond to a debt lawsuit in Kansas.

1. Address each claim against you

The first section of your Answer should focus on responding to each claim against you. These claims are listed in the Complain documents you received when you were notified of the lawsuit. The claims are usually presented in a numbered list, and you should respond by paragraph number in your Answer.

SoloSuit makes it easy to respond.

In your Answer, you can agree or disagree with the individual claims being made by the plaintiff. You should answer each complaint with a simple “I agree,” “I disagree,” or “I don't know.” For anything that you are questioning or denying, the plaintiff will have to provide evidence as to why you are wrong in order to make their case.

Note that most attorneys recommend denying as many claims as possible, because when you do, the plaintiff is forced to prove each them.

2. Assert affirmative defenses

The third section of your Answer will be where you list your affirmative defenses. Affirmative defenses are facts about the case or the law that require the plaintiff to lose the case. These must be facts that you can back up with evidence.

It is important that you do not just copy and paste affirmative defenses from sources on the internet. You should develop your own affirmative defenses that are relative to your case and the actual reasons you are denying the creditor's claim. The judge or the plaintiff's attorney is likely to ask you to testify as to the reasons you chose a particular affirmative defense, so be ready with your explanations.

There are any number of affirmative defenses that might apply to your case. Here are some of the most common:

  • The plaintiff is not the original creditor and there is no chain of custody or paper trail to prove that the debt collector has a legal right to collect the debt.
  • The statute of limitations on filing a lawsuit to collect the debt has expired.
  • There was no exchange of money or goods, which can sometimes void a contract.
  • The plaintiff is a debt collector who purchased the debt, but the original creditor accepted funds for the debt, in part or in full, from a third party on your behalf, such as with some debt relief programs.
  • The principal is accurate, but the interest and fees charged by the debt collector are unethical or exceed those allowed by law.
  • The Plaintiff is not entitled to reimbursement of legal fees incurred in the case because the original contract did not allow for such.
  • You were the victim of identity theft and did not agree to the debt.
  • There are other defendants that should be listed on the claim that should owe all or part of the debt.

On the other hand, there are a few things that you never want to use as an affirmative defense. Some of these include:

  • Not being able to pay the debt due to financial hardship. This is not an acceptable affirmative defense, because although it is the reason you haven't paid the debt, it is not actually a defense against owing it.
  • Claiming injury by the creditor is not an affirmative defense to the debt, as the debt could be legally owed even though the plaintiff committed some error. Any injury that you claim against the plaintiff must be filed as a Defendant's Claim with the appropriate Kansas court, accompanied by the appropriate filing fee.
SoloSuit makes it easy to make the right defenses.

Your affirmative defenses will vary depending on your case, what goods or services were exchanged, whether or not you had a written contract, and what exactly the debt collector includes in the Complaint. Make sure that you tailor your affirmative defenses to specifically apply to your situation.

3. File the Answer and send a copy to the plaintiff

This is sometimes the hardest part. Each court has specific filing rules and may require you to include other forms and documents along with your Answer. And, as we mentioned earlier, you must file your Answer before the kansas 21-day deadline.

As part of filing your Answer, you should also send a copy of it to the plaintiff in the case. You may need to indicate in your Answer document that you've properly served the opposing party.

Lucky for you, oloSuit has done the research necessary to make filing your Answer in Kansas easy. And we can also serve the plaintiff the Answer as a part of this crucial filing step.

Let SoloSuit file your Answer for you.

The statute of limitations on debt can protect you in Kansas

Creditors and debt collectors must follow certain laws and regulations, both federally and on a state and local level. One of these laws is the statute of limitations on debt collection in Kansas. There is a specific window for creditors and collectors to sue for the debt in question. If they don't meet their deadline, they cannot collect on the debt.

The Kansas statute of limitations on debt is five years for most typs of debts, including those resulting for a written contract like credit cards, car loans, medical bills, and student loans. For oral contracts, the KS statute of limitations is only three years.

In other words, creditors and debt collectors only have five years to sue you for a debt in Kansas (or three years if the debt resulted from an oral contract). The clock typically starts from the date of the last action on an account. So, if you haven't made a payment on your credit card debt for more than five years, you could use this as an affirmative defense in your case to get it dismissed.

The table below further outlines the statute of limitations on different types of debt in Kansas.

Statute of Limitations on Debt in Kansas
Debt Type Deadline in Years
Oral Contracts 3 years
Credit Card 5 years
Medical 5 years
Student Loan 5 years
Auto Loan 5 years
Mortgage 5 years
Personal Loan 5 years
Judgment 5 years
Kan. Stat. § 60-511, 512, and 2403

The statute of limitations on debt in Kansas begins on the day that the account was charged off, closed, or you stopped paying for the products or services. For debt collection agencies, the statute of limitations begins when the original creditor closes the account or sells the debt.

If a debt collector or creditor tries to sue you for a debt that is older than these deadlines, they are not usually able to receive a judgment for the debt. However, in some cases a judge may order you to pay a debt, even if it goes past the normal statute of limitations, based on evidence provided.

Other Kansas debt collection laws protect you

As a Kansas resident, you are also protected by additional Kansas debt collection laws. These laws regulate the way that debt collection agencies operate, which safeguards you from unfair or aggressive collection practices. Here are the most relevant laws that apply to you.

You’re already protected at the federal level

It may help to know that you’re already protected at the federal level, thanks to the Fair Debt Collection Practices Act (FDCPA). The FDCPA shields you from deceptive or aggressive debt collection practices, including the following:

  • Calling you prior to 8 a.m. or after 9 p.m.
  • Calling you multiple times per day.
  • Failing to identify themselves as a debt collector.
  • Contacting your family, friends, or coworkers to speak about your debt.
  • Ignoring a cease and desist letter.
  • Threatening to arrest you for unpaid debt.
  • Using profane or offensive language.
  • Impersonating an attorney or law enforcement officer.
  • Declining to validate your debt.

Keep in mind that the FDCPA only protects you from debt collection agencies and does not apply to your original creditors. So if your credit card issuer contacts you more than once per day, this is not a violation of these terms.

If you believe that a debt collector has violated your rights, record the nature, date, and time of the incident, then report it to the Federal Trade Commission (FTC) or the Consumer Financial Protection Bureau. You can reach the FTC through the FTC website or by calling 877-382-4357. You can contact the CFPB through the CFPB website or by calling 855-411-2372.

You’re protected by the Kansas Consumer Protection Act (KCPA)

At the state level, Kansas consumers are protected by the Kansas Consumer Protection Act (KCPA). This act goes beyond the federal FDCPA by prohibiting debt collectors from misrepresenting your debt, or taking advantage of your lack of knowledge to coerce you into making a payment. Violations of the KCPA can result in statutory penalties of up to $10,000, plus reimbursement for any legal fees.

Kansas also requires debt collectors and their associated agencies to be licensed by the state and meet basic legal and ethical standards. So if you’re contacted by a debt collector, don’t speak further until you can verify that they are officially licensed.

Stop wage garnishment in Kansas

What happens if a debt collector sues you and wins? A judgment against you means that your creditor or debt collector has legal power to collect the debt from you. This can include wage garnishment, where a portion of your paycheck is automatically deducted to pay your debt.

However, that doesn’t mean that your creditors can simply garnish your wages without your knowledge or without a court order. Kansas wage garnishment laws protect you and your finances from illegitimate wage garnishment. Here are the specific laws that protect you.

There are limitations on wage garnishment in Kansas

Creditors can only garnish your wages up to a certain amount. According to Kan. Stat. Ann. § 60-2310, creditors are limited to garnishing:

  • 25% of your weekly disposable income.
  • The amount your disposable income exceeds 30 times the federal minimum wage.

Disposable income refers to your net salary after deducting required withholdings, or federal and state taxes. However, this does not include voluntary withholdings, such as healthcare premiums, retirement contributions, or other benefits.

Can my employer fire me for wage garnishment?

After receiving a judgment, you may worry that wage garnishment might get you fired from your job. Thankfully, the Consumer Credit Protection Act (CCPA) prohibits employers from terminating an employee due to wage garnishment.

Keep in mind, though, that the CCPA does not prohibit employers from terminating an employee with multiple garnishments.

Know the Kansas income exemptions

Kansas residents are likewise protected from garnishments on certain types of income. The following types of income are exempt from wage garnishment in the state of Kansas:

  • Unemployment compensation benefits.
  • Workers’ compensation benefits.
  • Social Security disability and retirement benefits.
  • Supplemental Security Income (SSI) benefits.
  • Veterans’ benefits.
  • Black lung benefits.
  • Certain pension and retirement benefits, such as KPERS.
  • Cash assistance payments under the Temporary Assistance for Families (TAF) program.
  • Cash assistance payments under the General Assistance (GA) program.

So if you receive income from any of these sources, you can stop wage garnishment by filing a claim of exemption. Filing a claim of exemption can prevent these forms of income from being garnished, though any other income sources can still be garnished under Kansas law.

Avoid wage garnishment

Unfortunately, one of the easiest ways to lose your debt collection lawsuit is to not respond. If you fail to file an Answer with your local court by the deadline — often as little as 14 days from the date you received the Summons — the judge may render a default judgment against you, which may result in wage garnishment.

Instead, make sure to file an Answer right away, then take steps to settle your debt out of court. By settling your debt, you’ll be able to pay off your debt for less than what you owe without the threat of monthly wage garnishment.

Avoid a default judgment by filing an Answer today!

Settle your debt in Kansas

While Kansas debt relief programs can offer financial assistance, your best bet is usually to settle debt in Kansas to resolve the matter once and for all. You can do so by paying your debt in full, but what if you can’t afford to pay the full amount of your debt?

Most creditors and debt collectors are willing to accept a lower settlement amount if it means receiving their money sooner. As a result, you can often settle your debt for less than what you owe and move on with your life. Here’s how to settle your debt in Kansas.

Respond immediately to a debt lawsuit

First, if you’re settling your debt after receiving notice of a debt lawsuit, you’ll have to address your legal issues before moving forward. When you receive a legal summons, the clock starts ticking.

In some jurisdictions, you have as little as 14 days to file an Answer with the court. Otherwise, the judge can issue a default judgment in favor of your creditor.

An Answer is a legal document indicating your willingness to fight the lawsuit in court. SoloSuit can help you draft and file this document. Just use our online platform to answer a few questions, then print your Answer and file it by the deadline.

We can also file it on your behalf and have an attorney review your Answer for added peace of mind.

Make an initial settlement offer

To settle your debt, you and your creditor will need to reach a mutually agreeable settlement amount. Open up negotiations by offering to pay 60% of your total debt amount. Don’t be surprised if your original offer is rejected. Your creditor may issue a counteroffer, and you can continue the process until you find an acceptable settlement.

SoloSettle makes the process easier by serving as the “middleman” between you and your creditors. Using our online platform, you’ll never have to interact directly with your creditors, but instead submit your offer through SoloSettle.

Let’s consider an example to see how the Kansas debt settlement process works.

Example: Henry had been dealing with a mountain of credit card debt. He wanted to pay it off, but the high interest rate made it seem impossible. So he turned to SoloSettle. Using the online platform, he offered to pay 60% of his total amount. His creditor rejected this initial offer but agreed to let Henry pay 65% of his total debt. Henry agreed, and SoloSettle even handled his payment. Now, Henry has eliminated his debt — and for less than he originally owed.


Want some negotiation tips? In the following video, we ask an attorney for suggestions on negotiating a debt settlement:

Pay your debt and start rebuilding your credit

Once you reach a settlement, you can pay off your debt. Your creditor may accept a lump-sum payment or agree to a payment plan. Just make sure that you make consistent payments to avoid repeating your mistakes.

Will debt settlements show up on your credit report? Yes, but it’s still better than having unresolved debt. Settling your debt will allow you to start rebuilding your credit, and even a settlement will usually disappear within seven years.

Negotiate debt settlement in Kansas with the help of SoloSettle.


Check the status of your court case in Kansas

Kansas judicial branch enables you to access your Kansas court records easily due to the case numbers they assign to every matter presented to the court. The court clerk derives the number from information such as the case type, the year the case was filed, and the county's initials.

To check your case status, you'll need your case number, the names of the parties involved, and the court in which the case is filed. You can submit this information in the Appellate Courts Search Portal or the Kansas District Court Public Access Portal.

You can also visit the courthouse where the case was filed and submit your details to the court clerk, who’ll look for the case number at a small fee. Find your county’s district court location here.

Your debt collection case will be heard in the District Court, likely under the small claims division, in your county. The small claims division offers the parties a rapid case progression at minimal costs, and you do not need an attorney to represent you. Any amount exceeding $4,000 will be handled by the District Court’s regular civil division with jurisdiction over that amount.

The graphic below details the Kansas legal structure and how cases are assigned to different court levels:

KS court structure

If you're still feeling hesitant about navigating the Kansas legal process, the state's judicial branch has created legal aid programs to help out self-represented litigants.

Every state has at least one government-funded organization that provides free legal services to people. Kansas has one. You can contact this organization to ask questions about the legal process and how to handle a case.

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 residents can take advantage of several state-run Kansas debt relief programs. While not every program helps you directly with debt, these programs do provide assistance in managing your financial situation. Learning the eligibility requirements and benefits these programs offer can help you manage your finances when facing high debt.

Consider the Kansas Successful Families Program

Also known as Temporary Assistance for Needy Families (TANF), the Kansas Successful Families Program is designed to assist low-income families by offering employment and financial support, including cash assistance.

To qualify, you must:

  • Be a resident of Kansas.
  • Be unemployed or underemployed with a low income.
  • Have at least one child under the age of 18 in your home.

Cash assistance can cover basic living expenses in addition to employment and childcare assistance. If you qualify, you’ll receive support for 24 months with the option to renew if you meet hardship conditions.

Try Kancare

KanCare is the Medicaid program for Kansas residents. Health coverage can be applied to:

  • Eligible children.
  • Pregnant women.
  • Elderly adults.
  • Individuals with disabilities.
  • Parents of children under the age of 19.

Kansas residents can apply through the KanCare website. Eligibility is based on your income, household size, and factors such as qualifying disabilities.

If you qualify, you can receive assistance with prescription drug coverage, doctor visits, hospital care, mental health services, and other expenses. While this program is aimed at medical expenses, it can be valuable for debtors who are struggling to manage their finances alongside high consumer debt.

Keep Kansas Food Bank in mind

Since 1984, the Kansas Food Bank has provided hunger relief across the state of Kansas. By networking with other agencies, the Kansas Food Bank distributes meals to children, senior citizens, and impoverished families throughout the state.

Kansas residents can also find assistance with SNAP applications — formerly food stamps — and other assistance programs. To apply, you can submit an application online, by mail, or in person through your local Department of Children and Families (DCF) office.

To qualify, you’ll need to provide proof of state residency, income, and other required information. If you have extremely low income or have immediate need, you may qualify for expedited assistance and receive benefits in as little as a week.

Join the Low Income Energy Assistance Program (LIEAP)

If you’re struggling with debt, utility bills may only add insult to injury. Thankfully, the Kansas Low Income Energy Assistance Program (LIEAP) uses federal funds to help Kansas households manage their home energy bills by covering a portion of their annual energy expenses.

To qualify, you must apply for LIEAP between mid-January and the end of March each year. You can apply only through the Kansas Department for Children and Families website or by submitting a paper application.

You’ll need to provide proof of income and Social Security numbers for all members of your household, as well as utility account information. But if you already qualify for other benefits like SNAP, you automatically meet the eligibility criteria for LIEAP.

See if you’re eligible for the Child Care Subsidy Program

Kansas’ Child Care Subsidy Program is designed to pay for child care costs in Kansas. To qualify, your child must be below age 13, or below age 18 if they have a qualifying disability.

You can apply online through the Kansas Department of Children and Families (DCF). You’ll need to meet certain eligibility requirements and provide proof of your household income.

File an Answer in your local Kansas court

Below is a list of Kansas courts where you might get sued for debt. Find your local court below to start filing your Answer there. Good luck!

Key Takeaways

If you haven't gotten the idea by now, you should never ignore a debt summons. If you are sued by a creditor or debt collector, you should make sure that you are aware of your rights and responsibilities in the case.

With most debt collections, the matter is usually fairly straight forward. You either owe the debt or don't, and have the evidence to back up your claims. When you are clear about the facts of the case, handling the matter on your own can usually be accomplished successfully.

One of the most important parts of defending yourself when you are being sued is your Answer. It is important that you file this document according to the rules and regulations in Kansas, according to law. If you do not file this document or if it is done incorrectly, you could end up with a default judgment against you.

If you want to make sure that your Answer is not rejected by the courts due to formatting or the information it contains, SoloSuit is here to help. By filling in some blanks and answering some questions, we can help you get your Answer document created, formatted, and filed.

Remember, the key steps to responding to a debt collection Summons and Complaint are:

  1. Respond to each claim made by the plaintiff by paragraph number.
  2. Formulate your affirmative defenses.
  3. File your Answer with the court and mail to the plaintiff or their attorney.

Good luck!



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