How to Appeal a Small Claims Court Decision in Kentucky

The 10-Day Deadline

Under KRS 24A.340 and Rule of Appellate Procedure (RAP) 48, the losing party in a Kentucky small claims case has exactly 10 calendar days from the date the judgment is entered to file a Notice of Appeal. The entry date is the date stamped on Form AOC-190 by the Circuit Court Clerk — not the date you receive the mailed copy.

This 10-day window is absolute. The judge cannot extend it. If you miss it, the judgment becomes final and your right to appellate review is permanently lost.

When counting the 10 days, the day of entry does not count as day one — counting starts the next day. If the 10th day falls on a Saturday, Sunday, or legal holiday, the deadline extends to the next business day.

How to File the Appeal

1. Go to the Circuit Court Clerk's office in the county where the case was heard.
2. File a formal Notice of Appeal. Ask the clerk for the correct form. The notice must identify the case, the judgment being appealed, and the parties.
3. Pay the $60 filing fee. If you cannot afford it, file Form AOC-026 (Motion for Waiver of Costs and Fees) with a financial affidavit. If the judge approves the waiver, the fee is excused.
4. The clerk transmits the case to the Circuit Court for review.

There is no special appeal form unique to small claims — the Notice of Appeal follows the standard RAP 48 procedure for appeals from District Court to Circuit Court.

What Circuit Court Actually Reviews

This is where many defendants get the wrong idea. A small claims appeal to Circuit Court is not a new trial. You do not get to present new evidence, call new witnesses, or re-argue the facts.

Under RAP 48(E), the Circuit Court reviews the case strictly on the record created during the original District Court hearing. That means the audio or video recording of the hearing, any exhibits admitted into evidence, and the judge's findings on Form AOC-190. The Circuit Court is an appellate tribunal looking for legal errors — did the District Judge misapply the law, ignore applicable rules, or reach a decision unsupported by the evidence presented?

If you did not present certain evidence at the original hearing, you cannot introduce it on appeal. This is why thorough preparation for the small claims hearing matters so much — the hearing record is the only evidence the appeals court will see.

Appeal Bonds and Staying Enforcement

Filing an appeal does not automatically stop the plaintiff from enforcing the judgment. While the appeal is pending, the plaintiff can still pursue wage garnishment, bank levies, or judgment liens.

To stop enforcement during the appeal, you need to separately ask the court for a stay of execution. The court may require you to post a supersedeas bond. Ask the court what amount applies.

If posting a bond is not financially possible, ask the court whether a stay is available and what bond, if any, is required.

When an Appeal Makes Sense

An appeal is worth considering when:

• The judge applied the wrong legal standard — for example, holding you to a contract term that does not exist or miscalculating the $2,500 jurisdictional limit.
• Relevant evidence you presented was improperly excluded.
• The judgment amount includes damages the plaintiff did not prove at the hearing.

An appeal is generally not productive when your real complaint is that the judge believed the plaintiff's witnesses over yours. Credibility determinations are almost always left to the trial judge.

Alternative: Motions in District Court

Before deciding to appeal, consider whether a motion to the original District Court judge might resolve the problem faster:

• CR 59.05 motion (within 10 days of entry): Ask the judge to alter, amend, or vacate the judgment. This is appropriate when you believe the judge made a specific legal or factual error.
• CR 60.02 motion: Ask for relief based on mistake, excusable neglect, new evidence, fraud, or a void judgment. A motion under subsections (a) or (b) must be filed within a reasonable time and no more than one year after entry.

These motions are filed in the same court and do not require a $60 filing fee. If the District Court denies the motion, you can still appeal that denial — but watch the deadlines carefully, because the 10-day appeal clock may have already started.

The Kentucky Small Claims Response Guide includes a post-decision appeal countdown tracker that maps every deadline from judgment entry through the appeal filing window.

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