How do I obtain a default judgment in a small claims court case?
In Kansas, obtaining a default judgment in a small claims court case starts with filing a small claims case in the district court clerk’s office. You will need to provide information about the defendant and the issue in dispute. After the forms have been processed, the clerk will provide you with papers for service. These documents will include a summons and a copy of the complaint. After the defendant has been served with the papers, they are given a certain amount of time to answer the small claims complaint. If the defendant fails to answer the complaint, then you may make a motion to the court in order to ask for a default judgment. You will need to provide a sworn affidavit that attests to the defendant’s failure to answer the complaint on time. The court may then enter a default judgment in your favor. To collect on the judgment, a writ of execution must be filed to execute the judgment. The writ will direct the sheriff or constable to seize property or money from the defendant and give it to the court. The court will then distribute the money to you. In conclusion, obtaining a default judgment in a small claims court case in Kansas requires filing the small claims case, serving the defendant with the papers, and then making a motion to the court if the defendant fails to answer. The court may then enter a default judgment in your favor and a writ of execution can be used to collect on the judgment.
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