How to Fight a Contractor's Claim in Kentucky Small Claims Court

The Contractor Filed First — Here's What That Means

When a contractor files a Small Claims Complaint (Form AOC-175) against you in Kentucky District Court, they are claiming you owe them money for work performed. The maximum claim is $2,500, exclusive of interest and court costs, under KRS 24A.230 — Kentucky's jurisdictional cap, tied for the lowest in the country with Rhode Island.

Being sued does not mean you owe the money. It means the contractor asked a judge to decide. Your job is to show up at the hearing with organized evidence that tells your side of the story. Kentucky's Small Claims Division does not require you to file a written answer. Attending the hearing is your response.

But "show up and explain" is easier said than done when you are holding an envelope from the court for the first time. Here is how to build a defense for a contractor dispute specifically.

Step 1: Confirm the Case and Lock Down Your Deadlines

Call the Circuit Court Clerk's office in the county listed on the summons (use the number from kycourts.gov, not the papers) and confirm the case is real. Check that the hearing date, courtroom, and parties all match.

Mark three dates on your calendar:

• Hearing date: the day you must appear or a default judgment is entered against you
• 7 days before the hearing: last day to request a jury trial transfer (KRS 24A.320) if the claim or value of property in dispute exceeds $250
• 5 days before the hearing: last day to file and serve a counterclaim (Form AOC-185) if the contractor owes you money from the same job

These are calendar days, not business days. If a deadline falls on a weekend or holiday, it rolls back to the preceding business day.

Step 2: Gather the Paper Trail

Contractor disputes turn on documentation. The judge needs to see what was agreed, what was done, and what was not done. Pull together:

The agreement itself. A signed contract is ideal. Gather written estimates, text message threads, email chains, and handwritten notes that document the scope, price, and timeline. If the agreement was entirely verbal, write down everything you remember — the date, what was discussed, the price quoted, the completion date promised.

Payment records. Bank statements, cancelled checks, Venmo or Zelle confirmations, cash receipts. Show exactly what you have already paid and when.

Photos and videos of the work. Date-stamped photographs of the job site are powerful evidence. Take current photos if you have not already. If you took before-and-after photos during the project, organize them chronologically. Show what was done, what was left incomplete, and what was done incorrectly.

Written communications. Every text, email, and voicemail between you and the contractor about the dispute. Include your complaints about the work, the contractor's responses, and any demands for payment. Print these — do not plan to show the judge your phone screen.

Third-party evidence. If you hired another contractor to fix the first one's work, get an itemized invoice from the second contractor. If a building inspector flagged issues, get a copy of the inspection report. Independent documentation of defective work is the strongest evidence a defendant can present.

Step 3: Decide Whether to Counterclaim

If the contractor's incomplete or defective work cost you money — you paid for materials that were wasted, hired someone else to finish the job, or suffered property damage — you may have a counterclaim.

File Form AOC-185 with the Circuit Court Clerk and serve a copy on the contractor at least 5 days before the hearing. A counterclaim filed in Small Claims Division is limited to $2,500, exclusive of interest and court costs. If you assert a compulsory counterclaim over that amount, the court must remove the entire case to regular District Court (for claims up to $5,000) or Circuit Court (for claims over $5,000); formal civil rules apply, and business entities must be represented by a licensed attorney.

A counterclaim is not required. If your position is simply "I don't owe the contractor anything because the work was never completed," your defense at the hearing handles that without a separate filing.

Step 4: Organize Everything Into a Hearing Binder

Loose papers lose cases. Kentucky small claims judges manage full dockets and will not sort through a stack of receipts for you. Build a physical binder:

1. Cover index — a one-page list of every exhibit with a number
2. Tab 1: The agreement — contract, estimate, or written communication establishing the deal
3. Tab 2: Payment history — every payment with date and amount, in chronological order
4. Tab 3: Communications — the dispute timeline in text messages, emails, letters
5. Tab 4: Photo evidence — printed photographs showing the work (or lack of it), labeled with dates
6. Tab 5: Third-party documentation — repair invoices, inspection reports, contractor estimates for corrective work

Bring the originals for the court, plus two complete copies — one for the judge and one for the contractor.

Step 5: Prepare for the Hearing Itself

The hearing follows a set order. The contractor (plaintiff) presents their case first — their evidence, their witnesses, their version of events. You do not interrupt. When it is your turn, present your evidence, walk the judge through your exhibit binder, and explain factually what happened.

Speak to the judge, not to the contractor. Stay calm. The strongest defense in a contractor dispute is organized documentation — not an emotional argument about how bad the work was.

If the contractor brought no witnesses and no documentation beyond the original invoice, point that out to the judge. The burden of proof is on the plaintiff. They have to prove you owe the money; you do not have to prove you don't.

The Kentucky Small Claims Response Guide includes a printable evidence binder kit with exhibit cover sheets, a hearing-day walkthrough with the exact order of proceedings, and a deadline tracker for counterclaim and jury transfer deadlines — all built specifically for Kentucky defendants.

What Happens After the Hearing

The judge either rules from the bench or takes the case under advisement and mails the decision. If you lose, you have 10 calendar days from the judgment entry date to file a Notice of Appeal with the Circuit Court Clerk ($60 filing fee). The appeal goes to Circuit Court, but it is not a new trial — the appellate judge reviews only the record from the original hearing.

If you win and the contractor was the one who owed you money on a counterclaim, collection tools become available after 10 days (once the appeal window closes): post-judgment interrogatories (Form AOC-197) to discover the contractor's assets, and execution remedies like wage garnishment and bank levies.

Who This Is For

• Kentucky homeowners sued by a contractor over a payment dispute of $2,500 or less
• Defendants who believe the contractor's work was incomplete, defective, or never started
• Property owners who hired someone else to fix the original contractor's mistakes and want to counterclaim
• Anyone facing their first court date and needing a concrete plan for what to bring and how to present it

Who This Is NOT For

• Disputes over construction projects exceeding $2,500 — these belong in regular District Court or Circuit Court
• Contractor licensing or permit violations — those involve administrative agencies, not small claims
• Defendants sued by a lender or collection agency over a debt — contact legal aid

Frequently Asked Questions

What if there was no written contract?

Kentucky small claims judges hear cases based on verbal agreements regularly. Document everything you remember about what was discussed — dates, prices, scope, timeline. Text messages and emails about the project serve as written evidence of the agreement's terms even without a formal contract.

Can I bring a witness to testify about the bad work?

Yes. If a second contractor, a neighbor, or an inspector saw the defective work, they can testify at the hearing. A witness should attend voluntarily; written affidavits or unsworn letters from absent witnesses are generally inadmissible as hearsay. If a witness will not come voluntarily, request the Circuit Court Clerk to issue a subpoena before trial.

What if the contractor offers to settle before the hearing?

Settlements are common. If you reach an agreement, formalize it on Form AOC-199 (Small Claims Settlement Agreement) and have the judge sign Form AOC-199.1. Form AOC-191 and the resulting AOC-191.1 order record satisfaction after a judgment is paid.

Can I reduce the contractor's claim amount at the hearing?

Yes. The judge can award less than what the contractor asked for. If the contractor billed $2,200 but you can show they only completed $1,400 worth of work, the judge can enter a judgment for $800 — the difference between what was done and what was owed.

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