What defenses can the other party raise in small claims court?
In Kansas, the other party in small claims court may raise several defenses. One possible defense is that the plaintiff does not have sufficient evidence to prove its claim. This defense can be used if the plaintiff does not have evidence that proves the alleged facts of the case. The other party may also argue that the statute of limitations has expired. This defense states that the time period in which the plaintiff must file a lawsuit has passed. In Kansas, the statute of limitations for breach of contract and personal injury is two years. The other party may also claim that the amount of money being requested by the plaintiff is unreasonable or too high. The other party may need to provide evidence showing that the amount requested is too high. The other party may also argue that the claim being made by the plaintiff is void or unenforceable. This means that the contract or agreement between the parties cannot be enforced. This may be because the agreement is illegal, violates public policy, or if one of the parties lacks the capacity to understand or agree to the contract. Finally, the other party may argue that the claim is not their responsibility and that it should lie with a third party. The other party may need to provide evidence proving that the third party is responsible for the claim. In summary, the other party in small claims court may raise several defenses, including a lack of sufficient evidence, the statute of limitations has expired, the amount requested is too high, the claim is void or unenforceable, and the claim lies with a third party.
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