A Claim Against the Government
K.S.A. 12-105b — written notice to the municipality first, then a denial or 120 days before suing
A person with a claim against a Kansas municipality, or one of its employees, that could give rise to an action under the Kansas tort claims act files a written notice with the clerk or governing body before starting the action. Substantial compliance is a valid filing.
Who handles this in Kansas: legal aid programs, lawyer referral and the state offices, listed in the Kansas directory.
- The name and address of the claimant, and of the claimant's attorney, if any.
- A concise statement of the factual basis of the claim: the date, time, place and circumstances.
- The name and address of any public officer or employee involved, if known.
- A concise statement of the nature and extent of the injury.
- The amount of money damages requested.
No action is started until the municipality denies the claim or 120 days pass after the notice is filed, whichever comes first, and a claim not approved in full within 120 days is deemed denied. The action is then brought within the usual period, and the claimant has no less than 90 days from the denial to start it.
Whether a body is a municipality for this section, and the usual period for a particular claim, are questions for a licensed Kansas attorney.
Sources for this section (1)
- K.S.A. 12-105b — Claims against a municipality; notice before suit
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kansas attorney.