How to file a small claims case in Kentucky to recover money owed
In Kentucky, cases in the small claims division are started by filing a claim on a form the court clerk provides. The plaintiff may bring the claim in the district where the defendant or the defendant's agent lives or does business. Hearings in the small claims division are handled informally.
The small claims division has specific rules about filing fees, counterclaims, and appeals. A defendant may file a counterclaim under certain limits and any appeal from a small claims judgment must be taken to the Circuit Court within a short statutory period.
Current Kentucky law
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The deadline that matters
An appeal from a small claims judgment must be filed within ten (10) days of the judgment under Ky. Rev. Stat. Ann. § 24A.340.
What Kentucky law says
The law says a plaintiff must commence a small claims action by filing a claim on a form provided by the clerk, and may bring the action in the judicial district where the defendant or the defendant's agent resides or does business under Ky. Rev. Stat. Ann. § 24A.260. Filing fees are governed by the statute that sets the fee equal to the District Court fee for claims of $500 or less, with sheriff fee exceptions in some service situations under Ky. Rev. Stat. Ann. § 24A.270. The small claims division conducts informal hearings under Ky. Rev. Stat. Ann. § 24A.330. A defendant may file a counterclaim arising out of the same transaction, not to exceed $2,500, and must deliver a copy to the plaintiff at least five days before the hearing, under Ky. Rev. Stat. Ann. § 24A.290. Any party aggrieved by a small claims judgment may appeal to the Circuit Court as provided in Ky. Rev. Stat. Ann. § 24A.340.
What to do
A common first step is to complete the court clerk's small claims form and file it in the district where the defendant lives or does business, under Ky. Rev. Stat. Ann. § 24A.260.
A common next step is to pay the applicable filing fee, noting the rules about sheriff fees in Ky. Rev. Stat. Ann. § 24A.270.
A common step is to organize and bring evidence to the informal hearing, since hearings are handled informally under Ky. Rev. Stat. Ann. § 24A.330.
A common option is to be prepared for a defendant counterclaim that arose from the same transaction, subject to the limits and notice rules in Ky. Rev. Stat. Ann. § 24A.290.
A common final step is to consider the statutory appeal period to Circuit Court if either party is aggrieved, under Ky. Rev. Stat. Ann. § 24A.340.
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Common questions
Where must the small claims case be filed?
A small claims action may be filed in the judicial district where the defendant or the defendant's agent resides or does business, under Ky. Rev. Stat. Ann. § 24A.260.
Are small claims hearings formal court proceedings?
No, the statute states the hearing and disposition of matters in the small claims division shall be informal, under Ky. Rev. Stat. Ann. § 24A.330.
Can the defendant file a counterclaim?
Yes, a defendant may file a counterclaim arising from the same transaction, up to $2,500, and must deliver a copy to the plaintiff at least five days before the hearing, under Ky. Rev. Stat. Ann. § 24A.290.
What is the deadline to appeal a small claims judgment?
An appeal to the Circuit Court must be filed within ten days of the small claims judgment, under Ky. Rev. Stat. Ann. § 24A.340.
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This content provides legal information and is not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.