Why does the petition state that I’m being sued for “an amount in excess of $75,000”? Is that what they want?

Kansas law does not allow a plaintiff to state an exact amount of damages in the petition if they are seeking more than $75,000 and the amount is not capable of mathematical certainty. Instead, they must simply allege that they are seeking “an amount in excess of $75,000.” This is a procedural rule (K.S.A. 60-208(b)) and does not necessarily reflect the true amount the plaintiff is seeking.

The actual amount the plaintiff claims can be requested through a Rule 118 request. Within two weeks of the request, the plaintiff must file and serve a response stating a specific dollar amount, which will be higher than $75,000. Even then, the amount stated may or may not be reasonable. If the plaintiff later wants to increase the amount claimed, they must file a motion and show good cause. However, they can reduce the amount without court approval. This can incentivize plaintiffs to start with a higher number at the beginning of the case.