61-2714. Use of attorneys; certification by plaintiff of compliance with act; defense related to limit on number of claims.
61-2714
61-2714. Use of attorneys; certification by plaintiff of compliance withact; defense related to limit on number of claims.(a) Notwithstanding any other provision of the small claimsprocedure act, if any party in small claims litigation: (1) Uses any person ina representative capacity if such person representing the partyis an attorney or was formerly an attorney; or (2) is an attorney representingthe attorney's self in a smallclaims action,all other parties to such litigation shall beentitled to have an attorney appear on their behalf in such action.
(b) When appropriate, the court shall advise all parties of this right tohire counsel pursuant to this section and shall, if requested by any party,grant one reasonable continuance in such matter to afford a party anopportunity to secure representation of an attorney.
(c) The filing of a small claims action is a certification by the plaintiffthat such plaintiff is complying with the provisions of the small claimsprocedures act, specifically with the provisions of K.S.A. 61-2704, andamendments thereto, relating to the limited number of claims a person may filein the same court during any calendar year.
(d) Any defendant may raise as a defense to a small claims action that theplaintiff has filed or caused to be filed more claims than allowed by the smallclaims act. When such defense is raised, if the court finds the plaintiff tohave filed more claims than allowed by law, the court shall dismiss the actionwith prejudice and such a finding shall be considered a violation of theunconscionable acts and practices section of the Kansas consumer protectionact. The defendant may file a collateral action under the Kansas consumerprotectionact.
(e) As used in this section, "attorney" means persons licensed to practicelaw in Kansas or in any other state whetheron active or inactive status, or persons otherwise qualified to take the Kansasbar examination and acting under the supervisory authority of a licensedattorney.
History: L. 1994, ch. 273, § 22; July 1.