Kentucky Small Claims Court: Rules, Process, and What to Expect

How the Small Claims Division Works in Kentucky

Small claims cases in Kentucky are handled by the Small Claims Division of the District Court, created under KRS Chapter 24A. The division hears civil disputes where the amount in controversy is $2,500 or less, exclusive of interest and court costs. That ceiling has not changed since 1976 and remains one of the lowest in the country.

The types of cases that qualify include breach of contract, property damage, personal injury, landlord-tenant disputes, and actions to cancel a contract for goods or services. The division cannot hear defamation cases, alienation of affections claims, or malicious prosecution actions. It also cannot grant pre-judgment remedies like attachment or garnishment.

Each county's Circuit Court Clerk handles the administrative side — filing, scheduling, fee collection, and case file maintenance — while a District Court Judge presides over the actual hearing.

Filing Limits and Venue Rules

No person or business can file more than 25 small claims in a single District Court per calendar year. For businesses, that cap applies per store or location. Government entities are exempt.

Venue follows standard civil rules. The case must be filed in the county where the defendant lives, where a business defendant has its principal office, or where the event that triggered the dispute happened.

What Happens After Someone Files

The plaintiff fills out Form AOC-175 (the Small Claims Complaint). The Circuit Court Clerk then serves the defendant by certified mail, sheriff delivery, or personal process server under KRS 24A.260. The served packet includes the summons and a copy of the complaint — but not any exhibits or attachments the plaintiff submitted. Those stay in the clerk's file.

Here is the part that catches most defendants off guard: Kentucky small claims does not require a written answer. There is no form to file and no 20-day deadline to meet. The defendant's obligation is to show up at the hearing. Appearance at the scheduled date and time counts as a complete denial of the plaintiff's claims and preserves every defense.

That said, two pre-hearing actions do carry firm deadlines. A counterclaim (Form AOC-185) must be filed and served on the plaintiff at least five days before the hearing. A jury trial demand must reach the clerk at least seven days before.

The Hearing Itself

Small claims hearings are informal bench trials — no jury, just the judge. The plaintiff presents first: facts, documents, and witnesses. The defendant then gets a turn to present their side, submit evidence, and answer the judge's questions.

All physical evidence needs to be printed. Bring the original for the court and at least two copies — one for the judge and one for the other side. Written statements from people who are not in the room are generally not admissible. If a witness will not come voluntarily, the clerk can issue a subpoena.

The judge either rules from the bench or takes the matter under advisement and issues a written judgment later on Form AOC-190. Post-judgment interest accrues at 6% per year under KRS 360.040.

After the Decision

The losing party has 10 calendar days from the date the judgment is entered to file a Notice of Appeal with the Circuit Court Clerk. The appeal goes to Circuit Court, but it is not a new trial. The Circuit Court reviews only the record from the original hearing — no new evidence, no new witnesses. The appeal filing fee is $60.

If the defendant missed the hearing entirely and got a default judgment, they can file a motion to set it aside under CR 55.02 or CR 60.02. A motion under CR 59.05 to alter or vacate the judgment must be filed within 10 days. A CR 60.02 motion based on mistake or excusable neglect has up to one year.

Judgments remain enforceable for 15 years under KRS 413.090. They do not expire quickly.

Where to Get Help

Court clerks can answer questions about forms, docket times, and courthouse locations, but they cannot give legal advice. Four regional legal aid organizations serve Kentucky's 120 counties: Legal Aid Society (Louisville), Legal Aid of the Bluegrass (Lexington/Northern KY), Kentucky Legal Aid (Bowling Green area), and AppalReD Legal Aid (Eastern KY). Eligibility is income-based.

If you have been served with small claims papers in Kentucky and need a step-by-step walkthrough of the defendant's process — from reading the AOC-175 to preparing your evidence binder — the Kentucky Small Claims Response Guide covers every stage.

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