Small Claims Court in Kentucky: How to File, Limits, Fees, and Collection
A practical filing-to-collection guide for Kentucky consumers and small businesses who need to recover money or property without hiring a lawyer.
| Fact | Detail |
|---|---|
| Maximum claim | $2,500 (not counting interest and court costs) |
| Filing fee | Around $50 (set by KRS 24A.270; confirm with your local clerk) |
| Court | Small Claims Division of District Court |
| Time to hearing | About 20 to 40 days after service (often around 30 days) |
| Attorneys allowed? | Yes, but the forum is designed for self-represented parties |
| Deadline to sue on a written contract | 10 years from breach (15 years for contracts signed before July 15, 2014) |
| Service methods | Court clerk certified mail (restricted delivery), sheriff, private process server, warning-order attorney for last-resort publication |
| Appeal window | 10 days |
1. What is small claims court in Kentucky?
Small claims court in Kentucky is the Small Claims Division of District Court. It hears civil money disputes and actions to recover specific personal property worth up to $2,500, not counting interest and costs. Attorneys are allowed, but the procedure is informal and built for self-represented parties. Most cases reach a hearing about 20 to 40 days after the defendant is served.
The Kentucky District Court runs the small claims docket in every county. A District Court judge hears the case at a bench trial. There is no jury. Hearings are short, the rules of evidence are relaxed, and the judge will often let you tell your story without strict procedural objections.
Which court hears small claims cases in Kentucky?
The court that hears small claims cases in Kentucky is the Small Claims Division of District Court. Each county has a District Court clerk's office, and that clerk handles small claims filings, schedules hearings, and arranges service. The statutory authority is KRS 24A.230, which sets the $2,500 cap and the kinds of relief allowed.
If your case is over $2,500 but at or below $5,000, you file in the regular District Court civil docket. Over $5,000 belongs in Circuit Court. Title to real estate, divorce, and other specialized matters go elsewhere.
How small claims differs from the regular civil docket
Small claims differs from the regular civil docket in four ways. First, the cap is $2,500. Second, there is no pretrial discovery, so you cannot send written questions or demand depositions before the hearing. Third, formal evidence rules are relaxed and judges may consider hearsay. Fourth, juries are not available in the small claims division.
The trade-off is speed and cost. You file with one short form (AOC-175), the clerk can serve the defendant by certified mail, and most cases are decided within a couple of months.
Is small claims court the right forum for your case?
Small claims is the right forum if you are asking for money damages or the return of a specific item worth $2,500 or less, the claim is not on the excluded list, and you are not a debt buyer or assignee. Common fits: unpaid invoices, security deposit return, vehicle repair disputes, property damage from a fender-bender, bad checks, and small consumer claims.
Skip small claims if you need an eviction (that is a forcible detainer action in District Court), an injunction, a divorce, or a class action. Those have separate procedures.
2. Should you file in Kentucky small claims?
You can file in Kentucky small claims if (1) your claim is for money or specific personal property, (2) the amount is $2,500 or less (not counting interest and costs), (3) the claim type is not excluded, (4) venue is proper in Kentucky, and (5) you are old enough and mentally competent to sue and you are not a debt buyer, assignee, or lender suing on a debt.
Kentucky also caps each party at 25 small claims filings per calendar year under KRS 24A.250. Splitting a single larger claim into multiple smaller suits to fit under the $2,500 cap is prohibited.
Cases small claims can hear in Kentucky
Cases small claims can hear in Kentucky include unpaid invoices, breach of a small contract, return of a security deposit, property damage to a car or other personal property, recovery of a specific item of personal property, bad check claims, consumer disputes, unpaid wages within the $2,500 cap, and minor work or services disputes. The relief available is a money judgment or, in some cases, an order for the return of a specific item.
Cases small claims cannot hear in Kentucky
Cases small claims cannot hear in Kentucky include:
- Evictions and forcible detainer (handled separately in District Court)
- Title to real estate or possession disputes
- Defamation (libel and slander)
- Alienation of affection, malicious prosecution, abuse of process
- Family law (divorce, custody, child support, paternity, adoption)
- Injunctions, specific performance, declaratory relief, foreclosure
- Class actions (KRS 24A.240)
- Assigned claims and debt-buyer collections
- Cases by banks, finance companies, payday lenders, and other businesses whose primary activity is lending money at interest
- Pre-judgment attachment, garnishment, or replevin at filing
- Bankruptcy and other exclusively federal matters
- Workers' compensation claims
- Most claims against the State of Kentucky (those go to the Kentucky Board of Claims)
- Probate matters
Who can sue and who can be sued?
Anyone who sues or is sued in Kentucky small claims must be a real party with a legal stake. Individuals must be 18 or older and mentally competent. Sole proprietors sue under their own names plus any DBA. Corporations and LLCs sue in their registered names and may appear through an officer or manager without a lawyer.
Debt buyers, assignees, and businesses whose main activity is lending money cannot use small claims. Out-of-state businesses must be registered with the Kentucky Secretary of State before they can sue here. To sue the state, you go to the Kentucky Board of Claims. To sue a city, you must send a written 90-day tort notice under KRS 411.110.
What if you signed a contract with an arbitration clause?
If you signed a contract with an arbitration clause, the clause is generally enforceable in Kentucky under KRS 417.050 and the Federal Arbitration Act. The court will likely stay or dismiss your small claims case so you can go to arbitration. The exception: if the contract explicitly carves out small claims court (many consumer agreements do), you can still file here. Read the clause closely before filing.
3. How long do you have to sue? Statute of limitations in Kentucky
In Kentucky, you generally have 10 years to sue on a written contract signed on or after July 15, 2014, 5 years on an oral contract, 2 years for damage to personal property, and 1 year for personal injury. The clock starts on the date of breach or injury, or on the date you discovered the harm for fraud and concealed defects. Miss the deadline and the case is dismissed, no matter how strong it is.
| Claim type | Limit | Statute | When the clock starts |
|---|---|---|---|
| Written contract | 10 years (15 if signed before 7/15/2014) | KRS 413.160; KRS 413.090(2) | Date of breach |
| Oral contract | 5 years | KRS 413.120(1) | Date of breach |
| Open account | 5 years | KRS 413.120(9),(10) | Date of last charge or last credit |
| Promissory note | 5 years | KRS 413.120(7) | Due date or dishonor |
| Property damage | 2 years | KRS 413.125 | Date of damage |
| Personal injury | 1 year | KRS 413.140(1)(a) | Date of injury |
| Fraud | 5 years | KRS 413.120(11); discovery rule in KRS 413.140 | When you discovered or should have discovered the fraud |
| Conversion | 2 years | KRS 413.125 | Date of taking or damage |
| Defamation | 1 year | KRS 413.140(1)(d) | First publication |
| Negligence (bodily injury) | 1 year | KRS 413.140(1)(a) | Date of injury |
| Breach of warranty (goods) | 4 years | KRS 355.2-725 (UCC) | Tender of delivery |
| Bad check | 5 years | KRS 413.120(7) | Date of dishonor (10-day demand customary) |
| Unpaid wages / final paycheck | 3 years | KRS 337.385(5) | Date wages were due |
| Security deposit | 5 years | KRS 413.120(2); KRS 383.580 | 30 days after move-out (statutory return deadline) |
| Consumer protection (KCPA) | 5 years | KRS 413.120(2); KRS 367 (KCPA) | Date of the unlawful act |
| Trespass to chattels | 2 years | KRS 413.125 | Date of interference |
| Quasi-contract (unjust enrichment) | 5 years | KRS 413.120(1) | When the benefit was conferred and wrongfully kept |
When the clock pauses or resets in Kentucky
The Kentucky limitations clock pauses or resets in a few situations. The clock pauses while the defendant is absent from Kentucky. It pauses while the plaintiff is a minor or mentally unsound. It pauses where the defendant has fraudulently concealed the claim. A partial payment or a written acknowledgment of the debt by the defendant can restart the clock on a contract claim. These rules come from KRS Chapter 413.
What happens if you miss the deadline
If you miss the Kentucky statute of limitations, the defendant will raise the time bar and the judge will dismiss your case. You do not get a second chance. If you are close to a deadline, file first and worry about service second. The filing date is what counts for the limitations clock.
4. Before you file: demand letter and required notices
In Kentucky, a demand letter is not required for most small claims, but it is strongly recommended. Judges expect to see one, and many defendants pay once they get a serious written demand. Send by certified mail with return receipt and keep a copy. Some claim types do require pre-suit notice: bad checks require a 10-day written demand, and a tort claim against a city requires written notice within 90 days under KRS 411.110.
A demand letter also helps in two practical ways. It documents that you tried to settle, which the judge will appreciate. And it gives the defendant a clear deadline, which sometimes shakes loose payment before you have to file.
Do you need a demand letter in Kentucky?
A demand letter in Kentucky is recommended for almost every small claims case and required for a few. There is no general statute that forces you to send one before filing. But bad-check cases need a 10-day written demand before you can pursue some civil remedies. Security deposit disputes have their own trigger: the landlord has 30 days after move-out to return your deposit or send an itemized list under KRS 383.580.
What to include in a Kentucky demand letter
A Kentucky demand letter should include the exact amount you claim, a short statement of why the defendant owes it (the basis for the claim), and a clear deadline for payment. Keep it factual. Attach copies of contracts, invoices, or photos. Send it by certified mail with return receipt requested, and keep the green card. Give the defendant 10 to 14 days to respond before filing.
Pre-suit notice for special claim types
Pre-suit notice in Kentucky is required for bad-check claims and tort claims against local governments. For a bad check, send a 10-day written demand to the check writer at their last known address. For a tort claim against a city, send written notice within 90 days of the incident under KRS 411.110. For a security deposit, the 30-day statutory return window under KRS 383.580 functions as the trigger that ripens your claim.
How to sue a city or county in Kentucky
To sue a city or county in Kentucky, you must send a written tort claim notice within 90 days of the incident under KRS 411.110. Send it to the city clerk for a city, or to the county judge/executive for a county. Missing this 90-day notice generally bars the claim. To sue the Commonwealth of Kentucky itself, you go to the Kentucky Board of Claims under KRS 49.100, which has a 1-year filing window.
5. Identifying and naming the defendant correctly
Name the defendant exactly as they exist legally: an individual by full legal name, a sole proprietor by the owner's name plus the DBA, a corporation or LLC by its registered name. Misnaming a business is the single most common reason a small claims judgment cannot be collected. Before you file, look up the entity in the Kentucky Secretary of State business search at sos.ky.gov.
If you sue "Mike's Roofing" when the real entity is "Smith Holdings LLC d/b/a Mike's Roofing," you may win a judgment that is legally useless. Banks and sheriffs need the correct legal name to garnish accounts or levy property.
How to find a business's legal name in Kentucky
To find a business's legal name in Kentucky, use the Kentucky Secretary of State business search at sos.ky.gov. Search by trade name and by owner. The search will show the registered legal name, the registered agent, the agent's address, and whether the business is in active or inactive status. Print the result and keep it with your file. You will need the registered agent's address for service.
How to name an LLC or corporation
An LLC or corporation in Kentucky is named by its exact registered name as shown in the Secretary of State filing, including "LLC," "Inc.," "Corp.," or "Company." Serve the registered agent at the registered office address. If the business is a foreign company doing business in Kentucky, it must be registered here, and you serve its Kentucky registered agent. If it is unregistered but doing business here, you may be able to serve through the Secretary of State.
How to name a sole proprietor or DBA
A sole proprietor in Kentucky is named by the owner's full legal name followed by "doing business as" and the trade name. Example: "John A. Smith d/b/a Mike's Roofing." This makes the judgment enforceable against the owner personally and against any assets held under the trade name. Check county DBA filings (assumed name certificates) at the county clerk to confirm the owner.
How to amend if you discover the wrong name after filing
If you discover the wrong name after filing, you can file a motion to amend the complaint to correct the defendant's name. Bring proof of the correct legal name (Secretary of State printout). The judge will usually allow the amendment if the right party was actually served and was on notice. If the wrong entity was served, you may need to dismiss and refile, so check the name carefully before filing.
6. The forms you need to file in Kentucky
Kentucky requires one main form to start a small claims case: the AOC-175 Small Claims Complaint. The clerk then issues an AOC-180 Small Claims Summons. If you cannot afford the filing fee, file the AOC-026 Motion to Proceed In Forma Pauperis with the AOC-135.1 Affidavit of Indigency. All forms are available as fillable PDFs at kycourts.gov/Legal-Forms.
| Form code | Name | Purpose | Filed by | Link |
|---|---|---|---|---|
| AOC-175 | Small Claims Complaint | Start the case; state the parties, amount, and facts | Plaintiff | kycourts.gov/Legal-Forms |
| AOC-180 | Small Claims Summons | Tells defendant about the claim and hearing date; records proof of service | Clerk issues | kycourts.gov/Legal-Forms |
| AOC-185 | Small Claims Counter-Claim | Defendant files a counterclaim | Defendant | kycourts.gov/Legal-Forms |
| AOC-190 | Small Claims Judgment | Court records the decision and award | Court | kycourts.gov/Legal-Forms |
| AOC-199 | Small Claims Settlement Agreement | Parties' written settlement for court approval | Plaintiff and defendant | kycourts.gov/Legal-Forms |
| AOC-199.1 | Settlement Agreement Order | Court order adopting settlement | Court | kycourts.gov/Legal-Forms |
| AOC-191 | Motion for Satisfaction of Judgment | Mark judgment paid | Plaintiff or defendant | kycourts.gov/Legal-Forms |
| AOC-191.1 | Order: Entry of Satisfaction of Judgment | Court order recording satisfaction | Court | kycourts.gov/Legal-Forms |
| AOC-197 | Post-Judgment Interrogatories | Get debtor's financial info after judgment | Plaintiff | kycourts.gov/Legal-Forms |
| AOC-198 | Motion to Require Answer to Interrogatories | Force debtor to answer AOC-197 | Plaintiff | kycourts.gov/Legal-Forms |
| AOC-198.1 | Order Requiring Losing Party to Answer Interrogatories | Court order compelling answers | Court | kycourts.gov/Legal-Forms |
| AOC-026 | Motion to Proceed In Forma Pauperis | Fee waiver application | Plaintiff | ehelp.kycourts.net |
| AOC-135.1 | Affidavit of Indigency | Financial affidavit for fee waiver | Plaintiff | ehelp.kycourts.net |
| AOC-035 | Subpoena | Compel witness or documents at hearing | Plaintiff or defendant | kycourts.gov/Legal-Forms |
| AOC-155 | Supersedeas Bond | Stay enforcement of judgment during appeal | Appellant | kycourts.gov/Legal-Forms |
Which forms open the case?
The forms that open a Kentucky small claims case are the AOC-175 Small Claims Complaint, filed by you, and the AOC-180 Small Claims Summons, issued by the clerk after you file. You write the complaint. The clerk handles the summons, schedules the hearing date, and arranges service if you ask. The hearing must be at least 20 days after the defendant is served.
Which forms does the defendant file?
The forms the defendant files in Kentucky are optional in most cases (the defendant can simply show up at the hearing). If the defendant has a counterclaim, they file the AOC-185 Small Claims Counter-Claim. If parties agree to settle, both sign the AOC-199 Small Claims Settlement Agreement and submit it for the judge to enter as the AOC-199.1 order.
How to fill out the Kentucky claim form
To fill out the Kentucky claim form, you write your full legal name and address as plaintiff, the defendant's full legal name and address (from the Secretary of State if it's a business), the exact dollar amount you are claiming (up to $2,500), and a short factual statement of what happened and why the defendant owes you. Attach copies of contracts, invoices, photos, or receipts. Sign and date. File with the District Court clerk in the right county.
What if you can't afford the filing fee?
If you can't afford the Kentucky filing fee, you file the AOC-026 Motion to Proceed In Forma Pauperis with the AOC-135.1 Affidavit of Indigency. List your income, expenses, and any public benefits (SNAP, TANF, SSI). The judge reviews and decides. Courts grant waivers for low-income filers who would have to give up necessities to pay the fee. Sign the affidavit under penalty of perjury.
7. Where to file, and how (in person, mail, e-file)
File in the District Court clerk's office of the county where the defendant lives or does business. For a contract case against a business, you can also file where the contract was made or where it was supposed to be performed. For a tort or property damage claim, file where the injury or damage happened. For an out-of-state defendant under the long-arm statute, you can file where the cause of action arose or where you live in Kentucky.
Kentucky accepts filings in person at the clerk's office, by mail, by drop box (at some courthouses), and through KYeCourts at ehelp.kycourts.net. eFiling is available statewide for small claims, though it is optional for self-represented filers.
Which county do you file in?
The county you file in is set by venue rules. For most cases against an individual, file where the defendant lives. For a business, file where the business operates. For a contract case, you can also file where the contract was made or to be performed. For a tort or property damage case, file where the incident occurred. Filing in the wrong county lets the defendant ask for a transfer or dismissal.
How to file in Kentucky small claims
To file in Kentucky small claims you can walk into the District Court clerk's office in the correct county, mail the AOC-175 Complaint with the filing fee, drop it in a courthouse drop box, or eFile through KYeCourts. In person is the fastest because the clerk can immediately issue the AOC-180 Summons and schedule the hearing. Mail-in filings can take a few days to process. Bring or send two copies of the complaint and any exhibits.
How to e-file in Kentucky
To e-file in Kentucky, create an account at ehelp.kycourts.net (the KYeCourts portal). You will need a valid email address and basic identifying information. The portal accepts PDF documents only. Upload your AOC-175 Complaint, pay the filing fee by credit card, and submit. The clerk reviews your filing and issues a summons. eFiling is available for small claims in every Kentucky county.
What happens if you file in the wrong county?
If you file in the wrong county in Kentucky, the defendant can object to venue and ask the court to dismiss or transfer the case. If the defendant does not object, the case can proceed where you filed. Filing in the wrong county is not fatal, but it can delay your case by weeks. Check the venue rules first and confirm the defendant's address from current records.
8. Filing fees, service fees, and fee waivers in Kentucky
Filing fees in Kentucky small claims are set by statute (KRS 24A.270) and tied to the District Court filing fee for claims of $500 or less. Sources commonly report a base around $50, but exact amounts vary by county because of small local surcharges. Service costs extra: about $30 if the sheriff serves, and around $10 for certified mail through the clerk. Private process servers typically cost more. If you cannot afford the fees, file the AOC-026 in forma pauperis motion.
| Claim amount | Filing fee | Notes |
|---|---|---|
| Any small claims amount (up to $2,500) | Around $50 base | Confirm exact amount with your local District Court clerk; small county surcharges may apply |
| Service method | Cost | When to use |
|---|---|---|
| Certified mail (clerk arranges) | About $10 | Default low-cost method; the clerk mails the summons with restricted delivery |
| Sheriff | About $30 plus mileage in some counties | When certified mail is refused, unclaimed, or unreliable; or when you want personal service |
| Private process server | Varies, often $50 or more | When sheriff is slow or for hard-to-locate defendants; server must file a notarized affidavit |
| Warning-order attorney (publication) | Varies by county | Last resort when defendant cannot be found |
How much does it cost to file in Kentucky?
Filing a Kentucky small claims case costs around $50 for the base filing fee, plus service costs. The exact base fee is set by KRS 24A.270 and the local District Court fee schedule for claims of $500 or less. Counties may add small surcharges. Always call your local District Court clerk to confirm the current total before mailing a check.
How much does service cost?
Service in Kentucky costs about $10 if the clerk uses certified mail with restricted delivery and around $30 if you ask the sheriff to serve. Private process server fees vary, often $50 or more. If certified mail is refused or unclaimed, you will need to pay for sheriff service or another method, so factor that in.
Can you get the filing fee waived?
You can get the Kentucky filing fee waived by filing the AOC-026 Motion to Proceed In Forma Pauperis with the AOC-135.1 Affidavit of Indigency. You qualify if you cannot pay without giving up basic necessities, or if you receive need-based public benefits like SNAP, TANF, or SSI. The judge reviews and signs the order if granted. A waiver covers the filing fee and certain service costs.
Are filing fees recoverable if you win?
Filing fees in Kentucky are recoverable if you win as part of court costs. You can also recover sheriff service fees, certified mail postage, subpoena service fees, and statutory witness mileage. Add these costs to your AOC-175 Complaint or ask the judge to include them in the judgment under AOC-190. Costs are awarded to the prevailing party.
9. Serving the defendant in Kentucky
Kentucky allows five practical ways to serve a small claims defendant: certified mail with restricted delivery (arranged by the clerk), sheriff service, private process server, court-authorized alternate service through a warning-order attorney, and publication as a last resort. The hearing must be set at least 20 days after service. The clerk usually arranges service for you when you file the AOC-175. Proof of service must be in the court file before the case can proceed.
For a default judgment, the federal Servicemembers Civil Relief Act (SCRA) requires you to file an affidavit confirming the defendant is not in active military service.
| Method | Allowed | Cost | When to use |
|---|---|---|---|
| Certified mail (clerk-arranged) | Yes | About $10 | Default; cheapest; works for most in-state defendants |
| Sheriff or constable | Yes | About $30 plus mileage | Reliable for in-county defendants; needed when mail fails |
| Private process server | Yes | Varies (often $50+) | Hard-to-find defendants; out-of-state service |
| Warning-order attorney + publication | Yes (court order) | Varies | Last resort when defendant cannot be located |
| Personal service by plaintiff or friend | Not the routine method | Free | Only with special court permission |
Service by sheriff or constable
Service by sheriff in Kentucky is one of the most common methods, especially when the defendant lives in the same county. You pay the sheriff's fee (about $30, plus mileage in some counties) up front. The sheriff serves the AOC-180 Summons and AOC-175 Complaint, then files a return of service on the AOC-180 showing who was served, when, and how. The hearing must be at least 20 days after service.
Service by certified mail
Service by certified mail in Kentucky is the default low-cost method. The District Court clerk mails the summons by certified mail with restricted delivery (the defendant or a designated agent must sign). Service is effective on the date the green return receipt is signed. The hearing must be at least 20 days after that date. If the mail is refused or comes back unclaimed, certified mail is not valid service and you must switch to sheriff or another method.
Service by private process server
Service by a private process server in Kentucky requires you to arrange and pay the server directly. The server must be over 18, not a party to the case, and must file a notarized affidavit of service showing who was served, when, where, and how. This is useful when the sheriff is backed up or when the defendant is out of state. For out-of-state service, you can hire a process server in the defendant's state under Kentucky's long-arm rules.
Court-ordered alternate or substituted service
Court-ordered alternate service in Kentucky is allowed when conventional service has failed and you can show diligent attempts. You file a motion explaining what you tried (certified mail returned, sheriff could not find the defendant). The judge can order alternate service or appoint a warning-order attorney to try to locate and notify the defendant.
Service by publication
Service by publication in Kentucky is a last resort that requires court approval. The judge appoints a warning-order attorney whose job is to try to find the defendant by other means and report back. If the warning-order attorney cannot locate the defendant, notice is published, and the case can proceed. This method delays the hearing by several weeks at minimum.
What if the defendant refuses or evades service?
If the defendant refuses or evades service in Kentucky, certified mail that is refused or unclaimed does not count as valid service. Switch to the sheriff with the defendant's home and work addresses. If the sheriff cannot find them, hire a private process server who can attempt service at unusual hours. As a last step, ask the court for alternate service or a warning-order attorney.
Serving a military defendant
To serve a military defendant in Kentucky, you must follow the federal Servicemembers Civil Relief Act (SCRA). You can still serve them, but before a default judgment can be entered, you must file an affidavit confirming the defendant's military status (checked through the Department of Defense's SCRA website). If the defendant is on active duty, the court may delay the case to protect their rights.
10. The defendant's response
After service, the defendant in Kentucky does not have to file a written answer to small claims complaints in most cases. They just need to show up at the hearing date set by the clerk (about 20 to 40 days after service). The defendant can file an AOC-185 Counter-Claim if they have one. If the counterclaim is more than $2,500, the case is transferred out of small claims. If the defendant fails to appear at the hearing, the plaintiff can ask for a default judgment after proving up the claim.
How long does the defendant have to respond?
The defendant in Kentucky has until the hearing date to respond, which is set when the case is filed. The summons (AOC-180) lists the hearing date. There is no separate written-answer deadline in small claims like in regular civil court. The defendant should bring all evidence and witnesses to the hearing and be ready to tell their side.
What goes in the answer?
A Kentucky small claims response can be oral at the hearing. The defendant can admit, deny, or explain the claim, and present evidence. If the defendant wants to file in advance, they can write a short statement and submit it before the hearing. The defendant should bring contracts, receipts, photos, texts, or witnesses that support their defense.
Can the defendant counterclaim?
The defendant can counterclaim in Kentucky by filing the AOC-185 Small Claims Counter-Claim. The counterclaim must arise out of the same events or transaction. The defendant typically files this before or at the hearing. The plaintiff then has a chance to respond. Both claims are decided together.
What if the counterclaim exceeds the small claims cap?
If the counterclaim exceeds the Kentucky $2,500 cap, the case is removed from small claims. A counterclaim between $2,501 and $5,000 transfers to the regular District Court civil docket. A counterclaim over $5,000 transfers to Circuit Court. The transfer can change the rules, allow discovery, and slow the case. A timely jury demand will also remove the case from small claims.
11. Preparing for and attending the hearing
Kentucky small claims hearings happen about 20 to 40 days after the defendant is served, often around 30 days. They are informal bench trials before a District Court judge with no jury. Bring at least two copies of every exhibit (one for the judge, one for the defendant, plus your own), all your witnesses, and a 2 to 3 minute summary of your case. The judge usually rules from the bench or shortly after, and the judgment is entered on the AOC-190.
Get to the courthouse at least 30 minutes early. Dress neatly. Address the judge as "Your Honor." Speak when it is your turn, and let the other side speak when it is theirs.
When does your hearing happen?
Your Kentucky small claims hearing happens about 20 to 40 days after the defendant is served, with around 30 days being typical. The clerk sets the date when the case is filed and lists it on the AOC-180 Summons. The hearing must be at least 20 days after service to give the defendant time to prepare. Check the hearing date carefully and put it on your calendar twice.
How to prepare your case
To prepare your Kentucky small claims case, write a short timeline of what happened, with dates. Organize your exhibits in the order you will use them: contract first, then invoices, then photos, then the unpaid amount calculation. Write out a 2 to 3 minute opening summary covering who, what, when, how much, and why the defendant owes you. Practice it out loud. Make sure your damages number is on the AOC-175 and is exactly what you are asking for.
If you have witnesses, talk to them in advance and confirm they will appear. If they will not come voluntarily, subpoena them with the AOC-035.
What evidence is admissible in Kentucky?
Evidence admissible in Kentucky small claims includes contracts, invoices, receipts, photos, text messages, emails, repair estimates, recordings, witness testimony, and your own sworn testimony. The formal rules of evidence are relaxed in small claims, and the judge may consider hearsay (statements from people not present). Print your texts and emails with dates and sender info visible. Kentucky is a one-party consent state for recordings, so a recording you participated in is admissible.
Bring originals when possible plus two copies. Authenticate photos by explaining when and where you took them. Authenticate texts by showing the phone number and the date.
How to subpoena a witness
To subpoena a witness in Kentucky, you fill out the AOC-035 Subpoena, file it with the clerk, and have it served on the witness (usually by sheriff). Pay the witness fee and mileage, which may be taxed as costs if you win. Issue subpoenas at least a week before the hearing so the witness has time to plan. A subpoena can also command the witness to bring documents.
Can you appear by phone or video?
Phone or video appearance in Kentucky small claims is not provided for by statewide rule and depends on the judge and the county. If you cannot appear in person, file a written motion as early as possible explaining why and asking for phone or video access. Some counties allow it, others do not. Do not assume remote appearance is available without confirming with the clerk.
Continuances and what happens if you can't attend
A continuance in Kentucky small claims is disfavored and granted only when fairness and justice require it. File a written motion as soon as you know you have a conflict and state good cause (illness, emergency, military duty). If the plaintiff fails to appear without a continuance, the case is usually dismissed for failure to prosecute. If the defendant fails to appear, the plaintiff can get a default judgment. If both fail to appear, the case is dismissed.
12. Mediation, interpreters, and ADA accommodations
Kentucky does not have a statewide mandatory mediation program for small claims. Mediation is voluntary and offered in some counties or on the day of the hearing by local programs. The Kentucky Attorney General's office runs a separate consumer mediation program outside of court. Interpreters are available through the court at no cost to you in many languages including Spanish, ASL, Arabic, Mandarin, Vietnamese, and Russian. ADA accommodations are arranged through the clerk's office.
Is mediation available in Kentucky small claims?
Mediation in Kentucky small claims is voluntary and not required. Some counties run their own mediation programs and the judge may suggest mediation on the day of the hearing. The Kentucky Attorney General's office mediates consumer complaints separately, which can resolve disputes before you file. If you and the defendant want to mediate, ask the clerk about local options.
How to request a court interpreter
To request a court interpreter in Kentucky, you notify the District Court clerk as early as possible (ideally when you file or as soon as you know you need one). Lead time is around 14 days. State the language needed and the hearing date. The court arranges and pays for the interpreter. Available languages include Spanish, American Sign Language, Arabic, Mandarin, Vietnamese, Russian, and others through telephonic or video services.
How to request an ADA accommodation
To request an ADA accommodation in Kentucky, contact the District Court clerk or the local ADA liaison as early as possible. Requests can be made orally or in writing. Common accommodations include wheelchair access, sign language interpreters, accessible documents, and assistive listening devices. Ask early so the court has time to arrange the accommodation before your hearing.
13. What you can recover (and statutory damages multipliers)
If you win in Kentucky small claims, you can recover the underlying damages, court costs (filing fee, service fee, subpoena fees, witness mileage), and post-judgment interest at 8% per year under KRS 360.010. Pre-judgment interest at 8% is available on liquidated claims and is discretionary on unliquidated claims. Attorney's fees are recoverable only when a contract or statute authorizes them. Several Kentucky statutes multiply damages: unpaid wages and security deposits can double, and timber trespass can triple.
| Claim type | Multiplier or formula | Conditions | Statute |
|---|---|---|---|
| Unpaid wages (willful) | 2x (damages plus equal liquidated amount) | Willful violation by employer | KRS 337.385 |
| Security deposit (willful) | 2x (deposit plus equal penalty) | Landlord willfully fails to return or itemize | KRS 383.580 |
| Landlord retaliation / cutting off services (URLTA counties) | Up to 3x or 3 months' rent | Willful violation in URLTA jurisdictions | KRS 383.705 |
| Timber trespass | 3x | Willful cutting/taking of timber | KRS 364.130 |
| Shoplifting (merchant civil recovery) | 2x retail value plus costs | Within statutory minimums/maximums | KRS 411.094 |
| Odometer tampering / fraud | 3x or statutory floor | Per violation | KRS 190.990(5) |
| Fraudulent vehicle lien | 2x actual damages | Filing of false lien | KRS 376.305 |
| Kentucky Consumer Protection Act | Punitive/double or multiple damages (judge's discretion) | Willful or flagrant violation | KRS 367.220 |
What costs are recoverable in Kentucky?
Costs recoverable in Kentucky include your filing fee, sheriff service fee, certified mail postage, subpoena service fees, statutory witness mileage, and post-judgment enforcement costs like sheriff levy fees and garnishment service fees. Ask for these in your AOC-175 and remind the judge at the hearing. The court enters costs on the AOC-190 judgment.
How does interest work on Kentucky judgments?
Interest on Kentucky judgments runs at 8% per year under KRS 360.010 et seq. Note: the dossier flags some ambiguity in source materials, with older references at 6%; primary citations point to 8%. Confirm the current statutory rate with the clerk before doing calculations. Interest runs from the date of the judgment until paid in full. Pre-judgment interest at 8% is available on liquidated (fixed-amount) claims and is discretionary on unliquidated damages.
When can you recover attorney's fees?
Attorney's fees in Kentucky small claims are recoverable when a statute or contract specifically authorizes them. Examples include wage claims under KRS 337.385 and certain Kentucky Consumer Protection Act claims under KRS 367. If your contract has a fee-shifting clause, point to it at the hearing. Most small claims plaintiffs are self-represented, so this issue rarely comes up. You also have to actually pay a lawyer to recover the fees.
Statutory damages multipliers in Kentucky
Kentucky statutes that multiply damages in small claims include KRS 337.385 (double damages for willful wage violations), KRS 383.580 (double damages for willful security deposit violations), KRS 383.705 (triple damages or 3 months' rent for retaliation in URLTA counties), KRS 364.130 (triple damages for timber trespass), KRS 411.094 (double retail value for shoplifting civil recovery), and KRS 190.990(5) (triple damages for odometer fraud). The judge applies these only when the conditions in the statute are met.
14. Getting a default judgment when the defendant doesn't respond
If the defendant in Kentucky does not appear at the hearing, you can get a default judgment after proving up your case. Even with no defendant, you must give sworn testimony, show your evidence, and prove the amount owed. You also must file an SCRA (military status) affidavit confirming the defendant is not on active military duty. The judge enters the judgment on the AOC-190.
When can you ask for a default judgment in Kentucky?
You can ask for a default judgment in Kentucky after the defendant has been properly served, the hearing date has arrived, and the defendant has not appeared. The court will not enter a default without proof of service in the file. Make sure the green certified mail card or the sheriff's return is filed before the hearing.
What you file to get a default
To get a default in Kentucky, you appear at the hearing and prove up your case. Bring proof of service (the green return receipt or sheriff's return), your contracts, invoices, photos, and any witnesses needed to establish damages. File an SCRA military status affidavit. Give sworn testimony explaining what happened and what you are owed. The judge enters judgment on the AOC-190.
Can the defendant vacate a default in Kentucky?
A defendant can vacate a Kentucky default by filing a motion to set aside within 10 days under the appeal/vacate rules for small claims. The defendant must show a good reason for missing the hearing (mistake, accident, surprise, excusable neglect) and a meritorious defense. After 10 days, vacating becomes much harder. The judge has discretion to grant or deny.
15. Appealing a small claims judgment in Kentucky
In Kentucky, either party can appeal a small claims judgment to Circuit Court within 10 days of the judgment. The appeal is a trial de novo, meaning a brand-new trial in Circuit Court (de novo is the term for it from now on, since it is a real term of art). The case starts over from scratch. An appeal bond (supersedeas bond on AOC-155) may be required to stop collection while the appeal is pending. Circuit Court is more formal and attorneys are typical.
Who can appeal and when?
Either party in Kentucky small claims can appeal within 10 days of the judgment. The 10 days run from the entry of the AOC-190 judgment. Miss the deadline and the judgment becomes final. File a notice of appeal with the District Court clerk and pay the Circuit Court filing fee.
What kind of appeal is it?
An appeal in Kentucky small claims is a trial de novo in Circuit Court. The Circuit Court re-tries the case from the beginning. New evidence is allowed, new witnesses are allowed, and the prior small claims ruling carries no weight. Be ready to put on your case fresh.
What does an appeal cost?
An appeal in Kentucky costs a Circuit Court filing fee plus any required supersedeas bond. The exact fee varies by county. The supersedeas bond on AOC-155 is required if you want to stop the other side from collecting while the appeal is pending. The bond amount is set by the court and typically covers the judgment, interest, and costs.
Does an appeal stop collection?
An appeal stops collection in Kentucky when the appealing party posts a supersedeas bond (AOC-155) approved by the court. Without the bond, the prevailing party can begin collection even while the appeal is pending. Post the bond promptly if you want to halt garnishments or levies.
16. Collecting your judgment in Kentucky
Winning is half the battle, and Kentucky does not collect for you. After the 10-day appeal window closes, you can record an abstract of judgment to create a lien on the debtor's real property, apply for a writ of execution to levy non-exempt assets, garnish wages up to 25% under federal law, levy bank accounts, and order the debtor to appear for a debtor's exam. The judgment is good for 15 years under KRS 413.090 and can be renewed.
Start with the easiest assets: known employer for wage garnishment, known bank for bank levy, and known real estate for a judgment lien.
16.1 Wait for the appeal window to close
The appeal window in Kentucky is 10 days from the entry of judgment. During those 10 days, the defendant can appeal to Circuit Court and post a bond to stop collection. After the 10 days expire with no appeal, the judgment is final and you can begin collection. Do not start enforcement before day 11 if you want to avoid wasted effort.
16.2 Get an abstract or certificate of judgment
An abstract of judgment in Kentucky is a certified copy of the AOC-190 judgment that you record with the county clerk in any county where the debtor owns real property. The recorded judgment creates a lien on the debtor's real estate in that county. Get the certified copy from the District Court clerk and file it with the county clerk's land records office. Pay the recording fee.
16.3 Writ of execution
A writ of execution in Kentucky authorizes the sheriff to seize and sell the debtor's non-exempt personal property to pay the judgment. File for the writ with the District Court clerk, pay the sheriff's fees, and tell the sheriff where the property is located. Common targets: vehicles, equipment, inventory. The sheriff sells the property at auction and pays the proceeds to you, less costs.
16.4 Wage garnishment
Wage garnishment in Kentucky is allowed up to 25% of the debtor's disposable earnings under the federal Consumer Credit Protection Act, or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage, whichever is less. You file a wage garnishment with the District Court clerk directed to the debtor's employer. The employer withholds the amount and sends it to the court or to you. Identify the employer first (a debtor's exam can help).
16.5 Bank levy or account garnishment
A bank levy in Kentucky works by filing a garnishment order with the District Court clerk, directed to the debtor's bank as garnishee. The bank freezes funds in the debtor's account up to the judgment amount, notifies the debtor, and notifies the court. After the debtor's time to claim exemptions runs out and absent a valid exemption claim, the bank turns the funds over. You need the bank's name to start the levy.
16.6 Debtor's examination
A debtor's examination in Kentucky is a court-ordered process where the debtor must appear and answer questions under oath about their assets, income, employer, bank accounts, and property. File a motion for a debtor's exam with the court. The court orders the debtor to appear. If the debtor fails to appear, the court can hold them in contempt. You can also send post-judgment interrogatories on the AOC-197 and ask the court to compel answers under AOC-198.
16.7 Satisfaction of judgment
A satisfaction of judgment in Kentucky is filed when the debtor pays the judgment in full. The plaintiff files the AOC-191 Motion for Satisfaction of Judgment and the court enters the AOC-191.1 Order: Entry of Satisfaction of Judgment. This clears the judgment from the court records and releases any judgment liens. Filing a satisfaction is required once the debt is paid. If the plaintiff refuses to file, the debtor can ask the court to enter satisfaction.
16.8 Judgment renewal
A Kentucky judgment is valid for 15 years under KRS 413.090 and renewable by filing a revival action before the 15-year period expires. If you do not renew, the judgment becomes unenforceable. Track the date carefully. Renewal extends collection rights and allows you to keep pursuing the debtor's assets as they appear.
16.9 Collecting from an out-of-state debtor (UEFJA)
To collect from an out-of-state debtor, you domesticate the judgment by registering it in the other state under that state's Uniform Enforcement of Foreign Judgments Act. Kentucky has adopted UEFJA at KRS 426.950 et seq., which works in the reverse direction for out-of-state judgments registered here. File an authenticated copy of the Kentucky judgment with the clerk in the target state and follow that state's registration procedure.
16.10 What's exempt from collection in Kentucky
Kentucky protects the following property from collection. These are the most common exemptions:
| Category | Amount exempt | Statute | Notes |
|---|---|---|---|
| Homestead (principal residence equity) | $5,000 | KRS 427.060 | Spouses may each claim where applicable |
| Motor vehicle equity | $2,500 | KRS 427.020(1)(c) | One vehicle |
| Tools of trade | $1,000 | KRS 427.020(1)(b) | Professional tools used in main trade |
| Household furnishings | $3,000 | KRS 427.020(1)(a) | Furniture, appliances, instruments for personal use |
| Wearing apparel | Unlimited (no cap) | KRS 427.010(1) | Ordinary clothing |
| Wildcard | $1,000 | KRS 427.160 | If homestead not used |
| ERISA-qualified retirement plans | Unlimited | KRS 427.150(2)(f) | Employer-sponsored plans |
| IRAs / Roth IRAs | Substantial federal protections | KRS 427.150 plus federal | Practically protected |
| Social Security / SSI | Unlimited | 42 U.S.C. § 407 | Fully exempt |
| Unemployment insurance | Unlimited | KRS 341.415(1) | Exempt |
| Workers' compensation | Unlimited | KRS 342.180 | Exempt |
| Veterans' benefits | Unlimited | 38 U.S.C. § 5301 | Federal protection |
| Child support / spousal support (received) | Unlimited | KRS 427.005(2)(c) | Receipts protected |
| Personal injury (bodily injury) recoveries | $7,500 | KRS 427.150(2)(c) | Amounts over $7,500 may be reached |
| Wrongful death recoveries (to dependents) | Generally exempt | KRS 427.150(2)(d) |
Federal exemptions for Social Security, SSI, VA benefits, and most retirement plans are absolute against private creditors. Federal wage garnishment caps (25%, or amount above 30 times federal minimum wage) apply on top of these.
17. State-specific quirks and pitfalls in Kentucky
Kentucky small claims has several rules that trip up filers. No pretrial discovery is allowed. Debt buyers, assignees, and lenders cannot use small claims at all. Class actions are barred under KRS 24A.240, and each party is capped at 25 small claims filings per calendar year under KRS 24A.250. The single most consequential quirk: an appeal from small claims is a trial de novo in Circuit Court, so the loser gets a brand-new trial, not a paper review.
No discovery. Small claims has no depositions, no interrogatories before judgment, no document requests. You walk in with the evidence you have and prove your case at the hearing. Subpoenas for witnesses and documents at the hearing are still allowed under AOC-035.
No debt buyers, no lenders. Assigned claims (where the original creditor sold the debt) cannot be filed in small claims. Banks, finance companies, payday lenders, and other businesses whose main activity is lending money cannot use the forum to collect.
25 cases per year cap. A party cannot file more than 25 small claims actions in a calendar year. This stops landlords and serial filers from clogging the docket.
Claim splitting is prohibited. You cannot split a $3,500 claim into two $1,750 claims to fit under the cap. Bring it all in one case in the higher court, or waive the excess.
URLTA is not statewide. Kentucky's Uniform Residential Landlord and Tenant Act applies only in counties and cities that have adopted it. Landlord-tenant remedies (including the triple-damages retaliation rule under KRS 383.705) only work in URLTA jurisdictions. Check whether your county has adopted URLTA before relying on those provisions.
Trial de novo on appeal. A small claims appeal to Circuit Court is not a record review. It is a brand-new trial with new evidence and (often) lawyers. The 10-day appeal window is short.
Certified mail refused does not count. If the defendant refuses certified mail or it comes back unclaimed, that is not valid service. You must switch to sheriff or another method.
SCRA affidavit required for default. Before the court will enter a default judgment, you must file an affidavit confirming the defendant is not on active military duty.
Corporations may appear without a lawyer. In small claims, an officer or manager can represent the corporation or LLC, an exception to the usual rule that entities need a lawyer.
Clerks cannot give legal advice. The District Court clerk can hand you forms and explain process steps, but cannot tell you what to write or how to argue your case. Use the Kentucky Small Claims Handbook as your guide.
18. Sources and citations
- Kentucky Court of Justice — District Court. kycourts.gov. https://www.kycourts.gov/Courts/District-Court. Cited for: court structure, District Court jurisdiction, small claims placement and caps.
- KRS 24A.230 — District Court small claims jurisdiction. FindLaw. https://codes.findlaw.com/ky/title-iv-judicial-branch/ky-rev-st-sect-24a-230. Cited for: statutory $2,500 small claims cap, remedies allowed and excluded.
- KRS Chapter 413 (limitations). Justia. https://law.justia.com/codes/kentucky/chapter-413/section-413-120/. Cited for: statutes of limitations table and accrual rules.
- Transformed KY statutes and small claims notes. Unicourt. https://unicourt.github.io/cic-code-ky/transforms/ky/ocky/r78/gov.ky.krs.title.04.html. Cited for: small claims procedural rules, prohibitions on assigned claims and debt-collection filings.
- Kentucky Court of Justice — Legal Forms (AOC forms index). kycourts.gov. https://www.kycourts.gov/Legal-Forms/Pages/default.aspx. Cited for: AOC form codes (AOC-175, AOC-180, AOC-185, etc.) and fillable PDFs.
- KYeCourts eFiling. Kentucky AOC. https://ehelp.kycourts.net/filings/. Cited for: eFiling portal, account requirements, accepted file types.
- Kentucky security deposit rules (summary). DepositHawk. https://deposithawk.com/states/kentucky/louisville. Cited for: 30-day landlord security deposit return rule.
- Statewide eFiling availability for small claims. The News Journal. https://thenewsjournal.net/all-citizens-in-kentucky-can-now-efile-small-claims-cases/. Cited for: eFiling rollout and statewide access.
- Kentucky statutes (KRS) chapter references (limitations/tolls). Kentucky Legislature. https://apps.legislature.ky.gov/law/Statutes/chapter.aspx?id=39261. Cited for: tolling rules, minority/unsoundness tolling, fraudulent concealment.
- Small Claims Handbook — citizen's guide. Docslib. https://docslib.org/doc/4255745/small-claims-handbook-a-citizen-s-guide-to-handling-small-claims-complaints-in-kentucky. Cited for: hearing procedure, post-judgment process, exemptions, garnishment rules.
- KRS 337.385 — Wage claims. FindLaw. https://codes.findlaw.com/ky/title-xxvii-labor-and-human-rights/ky-rev-st-sect-337-385/. Cited for: wage claim statute of limitations and double damages.
19. Frequently asked questions
What is the maximum amount you can sue for in Kentucky small claims court?
The maximum amount you can sue for in Kentucky small claims is $2,500, not counting interest and court costs. This cap is set by KRS 24A.230. If your claim is between $2,501 and $5,000, you file in the regular District Court civil docket. Over $5,000 goes to Circuit Court. You cannot split a larger claim into smaller cases to fit under the cap.
How much does it cost to file a small claims case in Kentucky?
Filing a small claims case in Kentucky costs around $50 for the base filing fee under KRS 24A.270, plus service costs. Service by certified mail through the clerk runs about $10. Sheriff service is around $30 plus mileage in some counties. Small county surcharges may apply. Confirm the exact total with your local District Court clerk before mailing payment.
How long do I have to sue in Kentucky small claims?
How long you have to sue in Kentucky depends on the type of claim. Written contracts get 10 years (15 if signed before July 15, 2014). Oral contracts get 5 years. Property damage gets 2 years. Personal injury gets 1 year. Fraud gets 5 years with a discovery rule. Wage claims get 3 years. Check the statute of limitations table in Section 3 for your specific claim.
Do I need a lawyer for Kentucky small claims court?
You do not need a lawyer for Kentucky small claims court. The court is designed for self-represented parties, and the procedure is informal. Attorneys are allowed, but most filers handle their own cases. Corporations and LLCs can appear through an officer or manager without a lawyer. For appeals to Circuit Court (trial de novo), a lawyer is more common because the rules are stricter.
Can a business sue or be sued in Kentucky small claims?
A business can sue or be sued in Kentucky small claims, with limits. Most businesses can sue. But debt buyers, assignees, and businesses whose primary activity is lending money (banks, finance companies, payday lenders) cannot use small claims. Foreign (out-of-state) businesses must be registered with the Kentucky Secretary of State to sue here. A corporation or LLC can appear through an officer or manager without a lawyer.
How do I serve the defendant in Kentucky?
To serve the defendant in Kentucky, the District Court clerk can mail the summons by certified mail with restricted delivery for about $10, or you can hire the sheriff for around $30. Private process servers are allowed (often $50 or more). The hearing must be at least 20 days after service. If certified mail is refused or unclaimed, you must switch to sheriff or another method.
How long does it take to get a hearing in Kentucky small claims?
A hearing in Kentucky small claims is set about 20 to 40 days after the defendant is served, often around 30 days. The hearing date is on the AOC-180 Summons issued by the clerk. The 20-day minimum gives the defendant time to prepare. Some counties run a bit longer depending on docket volume.
What happens at a Kentucky small claims hearing?
A Kentucky small claims hearing is an informal bench trial before a District Court judge. There is no jury. You give a short summary of your case (aim for 2 to 3 minutes), present your evidence (contracts, photos, receipts), call witnesses if any, and answer the judge's questions. The defendant gets to do the same. The judge often rules from the bench and enters judgment on the AOC-190.
What if the defendant doesn't show up in Kentucky?
If the defendant doesn't show up in Kentucky after being properly served, the plaintiff can get a default judgment. You still must prove your case with sworn testimony and evidence (this is called a prove-up). You also need to file an SCRA affidavit confirming the defendant is not on active military duty. The judge then enters judgment on the AOC-190.
What if I miss my Kentucky small claims hearing?
If you miss your Kentucky small claims hearing as the plaintiff, the case is usually dismissed for failure to prosecute (often without prejudice, so you may be able to refile). If you miss as the defendant, the plaintiff can get a default judgment against you. You have 10 days to ask the court to set aside the default by showing good reason for missing the hearing and a meritorious defense.
Can I appeal a Kentucky small claims judgment?
You can appeal a Kentucky small claims judgment within 10 days of the judgment. The appeal goes to Circuit Court as a trial de novo, meaning a brand-new trial with new evidence. File a notice of appeal with the District Court clerk and pay the Circuit Court filing fee. To stop collection during the appeal, post a supersedeas bond on AOC-155.
How do I collect a Kentucky small claims judgment?
To collect a Kentucky small claims judgment, wait for the 10-day appeal window to close, then choose your tools: wage garnishment (up to 25%), bank levy, writ of execution on personal property, abstract of judgment recorded with the county clerk to lien real estate, and a debtor's examination to find assets. The judgment is good for 15 years and renewable.
Can I garnish wages in Kentucky?
You can garnish wages in Kentucky up to 25% of the debtor's disposable earnings, or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage, whichever is less. This is the federal Consumer Credit Protection Act cap, which Kentucky follows. File a wage garnishment with the District Court clerk directed to the debtor's employer. You need to know who the employer is.
How long is a Kentucky small claims judgment valid?
A Kentucky small claims judgment is valid for 15 years under KRS 413.090. You can renew it by filing a revival action before the 15-year period expires. Post-judgment interest accrues at 8% per year. Track the renewal date carefully because an unrevived judgment becomes unenforceable.
Can I sue a city or government agency in Kentucky small claims?
To sue a city in Kentucky, you must send written tort notice within 90 days of the incident under KRS 411.110. Send to the city clerk or county judge/executive. Missing the 90-day notice bars the claim. To sue the Commonwealth of Kentucky itself, you go to the Kentucky Board of Claims under KRS 49.100 (not small claims) and you generally have 1 year.
Do I have to send a demand letter before filing in Kentucky?
A demand letter in Kentucky is not generally required before filing small claims, but it is recommended. A few claim types do require pre-suit notice: bad checks need a 10-day written demand, tort claims against cities need 90-day written notice. Send a demand by certified mail, state the exact amount, give a deadline, and keep proof. Judges appreciate seeing one.
What forms do I need to file in Kentucky small claims?
The forms you need to file Kentucky small claims are the AOC-175 Small Claims Complaint (you file) and the AOC-180 Small Claims Summons (the clerk issues). If you cannot afford fees, add the AOC-026 Motion to Proceed In Forma Pauperis and AOC-135.1 Affidavit of Indigency. All forms are free fillable PDFs at kycourts.gov/Legal-Forms.
Can I file Kentucky small claims online?
You can file Kentucky small claims online through KYeCourts at ehelp.kycourts.net. Create an account, upload your AOC-175 Complaint as a PDF, pay the filing fee, and submit. eFiling is available statewide for small claims and is optional for self-represented filers. You can still file in person at the District Court clerk or by mail.
Does Kentucky small claims have a jury?
Kentucky small claims does not have a jury. Hearings are bench trials before a District Court judge. If either party demands a jury, the case is removed from the small claims division to the regular District Court civil docket, where formal rules apply.
What's the Kentucky security deposit penalty?
The Kentucky security deposit penalty under KRS 383.580 doubles the deposit when the landlord willfully fails to return it or provide an itemized list of deductions within 30 days of move-out. You can recover the full deposit plus an equal penalty amount. In URLTA-adopted counties, additional remedies under KRS 383.705 may apply for retaliation or service cutoffs (up to triple damages or 3 months' rent).
20. When to call a lawyer (and disclaimer)
This guide is enough for most routine Kentucky small claims cases: an unpaid invoice, a security deposit dispute under $2,500, a fender-bender property damage claim, or a bad check. The forms are simple, the procedure is informal, and the court is built for self-represented parties.
Call a lawyer if your claim is close to the $2,500 cap (you may need to file in regular District Court), if the statute of limitations is ambiguous or close to running, if the defendant is the government, if you signed a contract with an arbitration clause you want to challenge, if you are appealing to Circuit Court (the rules are stricter and trial de novo means starting over), or if collection looks hard (out-of-state debtor, complex assets, suspected bankruptcy).
For low-cost legal help in Kentucky, contact the Kentucky Bar Association lawyer referral service, your regional legal aid office, or a law school clinic at the University of Kentucky or University of Louisville. Some offer free consultations or sliding-scale fees.
This guide provides general legal information for Kentucky small claims cases, not legal advice. Reading it does not create an attorney-client relationship. Laws and court rules change, and individual cases turn on facts. For advice on your specific situation, talk to a licensed Kentucky attorney.
This guide is general information about Kentucky small-claims procedure, not legal advice. CivilCase is not a law firm and does not represent you. Consult a licensed attorney in Kentucky for advice about your specific situation.