Kansas debt statute of limitations

Kansas limitation periods by type of debt

Unwritten/implied debt is 3 years (§ 60-512); written contracts 5 years (§ 60-511).

What the Kansas statute says

“The following actions shall be brought within five (5) years: (1) An action upon any agreement, contract or promise in writing.”
K.S.A. 60-511(1)

“The following actions shall be brought within three (3) years: (1) All actions upon contracts, obligations or liabilities expressed or implied but not in writing.”
K.S.A. 60-512(1)

Does paying restart the clock in Kansas?

A part payment, or a signed written acknowledgment or promise, starts a new period (Kan. Stat. § 60-520(a)).

“In any case founded on contract, when any part of the principal or interest shall have been paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same, shall have been made, an action may be brought in such case within the period prescribed for the same, after such payment, acknowledgment or promise; but such acknowledgment or promise must be in writing, signed by the party to be charged thereby.”
K.S.A. 60-520(a)

If a creditor wins a judgment in Kansas

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different Kansas rules take over.

How long a judgment lasts

A Kansas judgment becomes dormant (and stops being a lien on the debtor's real estate) if no renewal affidavit is filed and no execution or garnishment is issued within five years of entry or of the last renewal or execution; the five-year clock restarts with each renewal affidavit or execution, and after two years of dormancy the judge must release it on request.

“if a renewal affidavit is not filed or if execution, including any garnishment proceeding, support enforcement proceeding or proceeding in aid of execution, is not issued, within five years from the date of the entry of any judgment in any court of record in this state”
Kan. Stat. Ann. § 60-2403(a)(1)

Wage garnishment

Kansas limits wage garnishment to the least of 25% of weekly disposable earnings, the amount by which weekly disposable earnings exceed 30 times the federal minimum hourly wage, or the amount of the creditor's claim, and a creditor may issue only one wage garnishment per 30-day period (subject to exceptions in subsection (e), such as support).

“The maximum part of such earnings of any wage earning individual which may be subjected to wage garnishment for any workweek or multiple thereof may not exceed the lesser of: (1) Twenty-five percent of the individual's aggregate disposable earnings for that workweek or multiple thereof; (2) the amount by which the individual's aggregate disposable earnings for that workweek or multiple thereof exceed an amount equal to 30 times the federal minimum hourly wage”
Kan. Stat. Ann. § 60-2310(b)

Small claims court

A Kansas small claim is a claim for money or personal property not exceeding $10,000, exclusive of interest and costs; assigned claims (such as debts bought by a debt buyer) and claims obtained through subrogation are not small claims.

“"Small claim" means a claim for the recovery of money or personal property, where the amount claimed or the value of the property sought does not exceed $10,000, exclusive of interest, costs and any damages awarded pursuant to K.S.A. 60-2610”
Kan. Stat. Ann. § 61-2703(a)

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how Kansas treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in Kansas?

3 years for credit-card debt and 5 years on a written contract, under Kan. Stat. § 60-511; § 60-512. The period usually runs from your last payment or the date of default.

Does a payment restart the clock in Kansas?

A part payment, or a signed written acknowledgment or promise, starts a new period (Kan. Stat. § 60-520(a)).

How long does a court judgment last in Kansas?

A Kansas judgment becomes dormant (and stops being a lien on the debtor's real estate) if no renewal affidavit is filed and no execution or garnishment is issued within five years of entry or of the last renewal or execution; the five-year clock restarts with each renewal affidavit or execution, and after two years of dormancy the judge must release it on request. (Kan. Stat. Ann. § 60-2403(a)(1)).

How much of my pay can be garnished in Kansas?

Kansas limits wage garnishment to the least of 25% of weekly disposable earnings, the amount by which weekly disposable earnings exceed 30 times the federal minimum hourly wage, or the amount of the creditor's claim, and a creditor may issue only one wage garnishment per 30-day period (subject to exceptions in subsection (e), such as support). (Kan. Stat. Ann. § 60-2310(b)).

What if I am sued on an old debt in Kansas?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.