How to File a Counterclaim in Kentucky Small Claims Court

When a Counterclaim Makes Sense

A counterclaim is appropriate when the plaintiff — the person suing you — actually owes you money from the same transaction or event. A few common examples in Kentucky small claims:

• A contractor sues you for $2,000 in unpaid work, but the work was incomplete and caused $1,500 in damage to your property.
• Your former landlord sues for $1,200 in alleged damages, but they never returned your $800 security deposit.
• A buyer sues over a used car sale, but you spent $900 repairing damage they caused during the test drive.

The counterclaim must arise from the same underlying dispute. You cannot use a small claims counterclaim to bring up an unrelated debt or a separate incident.

The 5-Day Filing Deadline

Counterclaims in the Small Claims Division are filed on Form AOC-185 (Small Claims Counterclaim) under KRS 24A.290. There is one hard rule: the form must be filed with the Circuit Court Clerk and a copy served on the plaintiff at least five days before the hearing date.

To calculate the deadline, exclude the hearing day itself. If the hearing is on a Monday, the counterclaim must be filed by the preceding Wednesday. If the calculated deadline falls on a Saturday, Sunday, or Kentucky legal holiday, it rolls back to the preceding business day.

Missing this deadline means your counterclaim cannot be heard in the small claims proceeding. You would need to file a separate lawsuit.

Filing Step by Step

1. Get Form AOC-185 from kycourts.gov or the Circuit Court Clerk's office in the county where the case was filed.
2. Fill out the form. Include the existing case number from the AOC-175 summons, the names of both parties, and a clear statement of your counterclaim — what the plaintiff owes you and why.
3. Stay within $2,500. The counterclaim amount cannot exceed $2,500, exclusive of interest and court costs.
4. File with the clerk. Bring the completed form to the Circuit Court Clerk's office and pay any applicable filing fee.
5. Serve the plaintiff. Deliver a complete copy of the filed counterclaim to the plaintiff or their attorney. Service must be completed before the five-day cutoff.

What Happens If Your Counterclaim Exceeds $2,500

Under KRS 24A.310(1), a compulsory counterclaim over $2,500 triggers an automatic transfer. The entire case — original claim and counterclaim — leaves the small claims division. Claims up to $5,000 go to the regular civil docket of the District Court. Claims over $5,000 go to Circuit Court.

Transfer changes the game significantly. Formal civil rules apply, the timeline gets longer, additional filing fees kick in, and corporate parties must be represented by an attorney (in small claims, a corporate officer or managerial employee can appear). Think carefully before asserting a counterclaim that crosses the $2,500 line.

Requesting a Jury Trial Instead

A related but separate option: under KRS 24A.320(2), if the plaintiff's claim or the value of property in dispute exceeds $250, you can demand a jury trial. Small claims hearings are bench trials — decided by the judge alone. If you want a jury, you must notify the Circuit Court Clerk in writing at least seven days before the hearing.

A jury demand triggers a transfer to the regular District Court civil docket under KRS 24A.310(2). You pay a transfer fee, and the case proceeds under standard civil rules. A jury trial takes longer, costs more, and adds procedural complexity — but it is your constitutional right when the plaintiff's claim or the value of property in dispute exceeds $250.

You can file both a counterclaim and a jury trial demand, but think about whether the added formality of regular civil court works in your favor or against it.

At the Hearing

If your counterclaim stays in small claims, both claims are heard at the same hearing. The plaintiff presents their original claim first. When it is your turn, you present both your defense to their claim and the evidence supporting your counterclaim. The judge decides both claims and records the outcome on Form AOC-190.

Bring all documentation for your counterclaim just as you would for your defense — originals plus copies. Receipts, photos, written estimates, contracts, and any correspondence that supports your claim.

The Kentucky Small Claims Response Guide includes a counterclaim calculator to check whether your claim stays under the $2,500 limit and a deadline tracker for the five-day filing window.

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