Kentucky Small Claims Default Judgment: What Happens If You Don't Show Up

How a Default Judgment Happens

When the judge calls your case at the scheduled hearing time and you are not there, the court enters a default judgment in the plaintiff's favor. The judge does not hear the merits of the dispute. The plaintiff gets what they asked for — the dollar amount on the AOC-175 complaint, plus post-judgment interest at 6% per year (KRS 360.040) and court costs.

The judgment is recorded on Form AOC-190. The clerk stamps the official entry date and mails copies to both parties at the addresses on file. That entry date is what triggers every deadline that follows.

There is no grace period. The judge does not call the next day to see if you are available. And there is no informal way to undo it — calling the clerk's office or emailing the plaintiff does not vacate a judgment.

Consequences of a Default Judgment

A Kentucky small claims judgment is enforceable for 15 years under KRS 413.090. The winning party can pursue collection through:

• Wage garnishment: The plaintiff can seek a court order requiring your employer to withhold a portion of your pay.
• Bank account levies: Funds in your bank account can be seized.
• Judgment liens: The judgment can be recorded as a lien against real property.
• Post-judgment interrogatories: The plaintiff can send Form AOC-197 requiring you to disclose your assets, income, and employment details. Ignoring it leads to a motion to compel (Form AOC-198) and potential contempt.

Court clerks do not report judgments directly to credit bureaus. But credit reporting agencies regularly scrape public court records, so an unpaid judgment frequently ends up on your credit report anyway.

The 10-Day Window: CR 59.05

Under CR 59.05, a motion to alter, amend, or vacate the judgment must be filed within 10 days of the entry date stamped on the AOC-190. This 10-day period is strict — it cannot be extended by the judge, and it runs from the entry date, not the date you received the mailed copy.

This motion is your fastest path to relief if you just missed the hearing. You need to explain to the judge why the judgment should be set aside and demonstrate that you have a legitimate defense to the claim.

Longer Window: CR 60.02

If the 10-day CR 59.05 deadline has passed, CR 60.02 provides additional grounds to reopen the case:

• (a) Mistake, inadvertence, surprise, or excusable neglect — the most common basis. You were hospitalized, never received the summons, had a legitimate emergency. Must be filed within a reasonable time, and no more than one year after the judgment was entered.
• (b) Newly discovered evidence — evidence that could not have been found with reasonable diligence before the hearing. Same one-year limit.
• (c) Perjury or falsified evidence — the plaintiff lied or forged documents. One-year limit.
• (d) Fraud — the plaintiff or their representative engaged in fraud to obtain the judgment. This ground must be raised within a reasonable time; the one-year limit stated for subsections (a) and (b) does not apply to subsection (d).
• (e) Void or satisfied judgment — the judgment is legally void (jurisdictional defect) or has already been paid. No fixed time limit, but must be filed within a reasonable time.
• (f) Extraordinary circumstances — a catch-all for situations that do not fit the categories above. No fixed time limit.

Filing a CR 60.02 motion does not automatically stop enforcement. If the plaintiff is already garnishing wages or levying accounts, you need to separately ask the court for a stay of execution. The judge may require you to post a bond.

What Counts as "Excusable Neglect"

Not every reason for missing court qualifies. Kentucky courts have held that simply forgetting the date, being busy at work, or assuming the case would go away is not excusable neglect. What typically does qualify:

• Documented medical emergency (hospital admission, surgery)
• Never actually receiving service (the certified mail was signed by someone else, or you had moved)
• Conflicting court appearance in another jurisdiction
• Natural disaster or road closure preventing travel

You will need documentation — hospital records, tracking receipts, proof of address change. A bare assertion that you did not know about the hearing is usually not enough.

Preventing a Default in the First Place

The simplest defense against a default judgment is a calendar entry for the hearing date, plus backup reminders. If something genuinely prevents you from attending, contact the court before the hearing to request a continuance. A continuance must be formally granted by the judge — an informal call to the clerk or an email to the plaintiff does not postpone anything.

The Kentucky Small Claims Response Guide includes a deadline tracking worksheet and a step-by-step process for requesting continuances and seeking relief from default judgments.

See more Kentucky guides →