How to File Small Claims in Kentucky

Check Whether Your Claim Qualifies

Before you drive to the courthouse, confirm three things. First, the amount you are claiming must be $2,500 or less, not counting interest or court costs. That ceiling comes from KRS 24A.230 and has not been raised despite several legislative attempts. Second, your claim type must be allowed — the Small Claims Division handles money disputes and personal property recovery but excludes defamation, malicious prosecution, and alienation of affection claims. Third, collection agencies and assignees of claims cannot use this court.

You also cannot file more than 25 small claims statewide in a single calendar year under KRS 24A.250. Government entities are exempt from that cap.

Send a Demand Letter First

Kentucky does not legally require a pre-suit demand letter for every case, but sending one is close to essential. A written demand establishes that you tried to resolve the dispute before filing and creates a paper trail that judges notice.

Your demand letter should name both parties, summarize the facts, list the exact dollar amount owed with supporting receipts, and give a clear payment deadline — typically 10 to 14 days. Send it by certified mail with return receipt requested so you can document the mailing and any delivery or return status. Keep the mailing receipt and green card when it comes back.

Identify the Defendant Correctly

Getting the defendant's legal name wrong can make a judgment unenforceable. If you are suing a person, use their full legal first and last name. If you are suing a business, search the Kentucky Secretary of State's database at sos.ky.gov to find the exact registered entity name and the registered agent's address. Sue "Apex Contracting, LLC" — not just "Apex Contracting" or a trade name. For sole proprietors, check the Assumed Name Certificate at the County Clerk's office and name the individual owner, such as "John Doe d/b/a Doe's Plumbing."

Complete Form AOC-175

Form AOC-175 is the official Small Claims Complaint used across all 120 Kentucky counties. Download it from kycourts.gov or pick up a copy at your local Circuit Court Clerk's office.

The form asks for the plaintiff's and defendant's full names and addresses, the dollar amount of your claim (up to $2,500), and a short factual description of what happened. Write clearly — dates, amounts, and what the other party failed to do. You do not need legal jargon.

The form includes a sworn affidavit confirming you have not exceeded the 25-claim annual cap. You will sign it under oath before a deputy clerk or notary.

One detail that catches people off guard: the note on page one of AOC-175 states that attachments will not be served on the defendant. Your contracts, photos, and receipts go into your evidence file for the hearing, not into the court's service packet.

File With the Circuit Court Clerk

Bring the completed AOC-175 to the Office of Circuit Court Clerk in the correct county. Under KRS 24A.260(2), a small claims action may be filed in the judicial district where the defendant or the defendant's agent resides or is doing business. KRS 24A.210 defines these terms for corporate defendants. KRS 24A.260(3) preserves other bases for exercising jurisdiction authorized by statute or the Rules of Civil Procedure.

The clerk will collect your filing fees, stamp the complaint, assign a case number, and issue the summons. You can file in person, by mail (include a check or money order payable to the Circuit Court Clerk), or through the KYeCourts electronic filing portal at kycourts.gov. Attorneys must e-file; self-represented filers have the option but are not required to.

Statewide filing charges total $68. Certified-mail service costs $35 per defendant effective July 1, 2026, so a one-defendant case starts at $103 before optional county facility or law-library fees.

Serve the Defendant

The court cannot hear your case until the defendant has been properly served. The two common methods are certified mail through the clerk ($35 per defendant under Administrative Order 2026-18, with delivery to the addressee only under CR 4.01(1)(a)) or personal service by the county sheriff ($60 per defendant).

Service by certified mail is complete upon delivery; the return receipt is proof of the time, place, and manner of service. If the envelope comes back unclaimed, refused, or undeliverable, service has not been completed, so request sheriff service or ask the clerk about another authorized method. Ordinary mail, text messages, and personal hand-delivery by you are not valid service of the summons.

The court sets the hearing for 20 to 40 days after service of process under KRS 24A.280. Check your court docket to confirm the return of service before your hearing date.

Prepare Your Evidence

Organize your documents into three identical sets: one for the judge, one for the opposing party, and one for yourself. Because the clerk does not serve your attachments on the defendant, handing a copy to the other side at the hearing is the first time they may see your evidence.

Useful evidence includes signed contracts, invoices, bank statements, payment receipts, text messages (printed with dates and phone numbers visible), photographs of damage with dates, and repair estimates from licensed contractors. Arrange everything chronologically.

If you need a witness who will not attend voluntarily, you can request a civil subpoena using Form AOC-025.1 under Civil Rule 45. The subpoena must be served in person by the sheriff or another person authorized under the rule — not by mail.

Attend the Hearing

Small claims hearings are bench trials decided by a District Court Judge. A defendant may request a jury trial by giving written notice to the division at least 7 days before the hearing; the case then moves to the regular District Court docket under KRS 24A.320(2). There is no right to a jury trial when the amount in controversy is $250 or less under KRS 29A.270(2).

The judge will swear everyone in, let the plaintiff present first, then give the defendant a chance to respond. Keep your presentation focused on the facts and the evidence. The judge either rules from the bench or takes the case under advisement and mails the written decision later.

If you win, the judgment is entered into the court record and the losing party owes the amount plus your court costs. If the other side does not pay voluntarily, you will need to pursue post-judgment collection remedies like wage garnishment or bank levies — a separate process covered in our Kentucky judgment collection guide.

Filing a small claims case in Kentucky is straightforward when you have the right paperwork in order. Our Kentucky Small Claims Filing Guide walks you through every step with fillable worksheets, a deadline calendar, and a service tracking log so nothing falls through the cracks.

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