Statute of Limitations for Small Claims in Kentucky

The Filing Windows

Every civil claim in Kentucky must be filed within a specific time period set by KRS Chapter 413 and KRS Chapter 355. Miss the deadline and the defendant can raise the statute of limitations as an absolute defense — the judge will dismiss your case regardless of the merits.

Here are the main limitation periods that apply to small claims disputes:

Written contracts (executed after July 15, 2014): 10 years under KRS 413.160. This covers signed agreements, leases, and written service contracts.

Written contracts (executed before July 15, 2014): 15 years under the former KRS 413.090. The 2014 amendment shortened the period going forward but did not retroactively change deadlines for older contracts.

Oral contracts: 5 years under KRS 413.120. This applies to verbal agreements, handshake deals, and unwritten promises.

Sale of goods (UCC): 4 years under KRS 355.2-725. This covers disputes over purchased merchandise, materials, or equipment under the Uniform Commercial Code.

Property damage: An action for trespass on real property generally has a 5-year period under KRS 413.120. An action for taking, detaining, or injuring personal property has a 2-year period under KRS 413.125. Construction-defect claims and other claims with specific statutes may have different deadlines.

Security deposits: Kentucky limitations periods for deposit claims can range from 1 to 5 years depending on the legal theory; confirm the period for your claim before filing.

When the Clock Starts

The limitation period begins on the date the breach or injury occurs — the day the contractor failed to start work by the agreed date, the day the check bounced, the day the landlord should have returned the deposit. Under Civil Rule 3.01, a civil action is officially commenced when the complaint is filed with the clerk and a summons is issued in good faith.

The clock does not pause for informal negotiation, sending a demand letter, or attempting mediation. If you spend six months trying to work things out and the deadline passes during that time, your claim is barred.

How to Calculate Your Deadline

Start with the date of the breach or damage. Add the applicable limitation period. Apply Kentucky Civil Rule 6.01: the day of the triggering event (Day 0) is excluded from the count. Day 1 is the following day. For periods of 7 days or longer, weekends and court holidays count. If the final day falls on a Saturday, Sunday, or court holiday, the deadline extends to 4:30 p.m. on the next business day.

Example: A contractor took your $1,500 deposit on March 1, 2022, under a written contract and never showed up. The 10-year limitation period for written contracts means your filing deadline is around March 1, 2032. But for an oral agreement from the same date, you would need to file by around March 1, 2027.

Do Not Confuse Filing Deadlines With Case Timelines

The statute of limitations is about when you must file. Once you file, the timeline shifts to the court's schedule. Under KRS 24A.280, the hearing is typically set 20 to 40 days after service of process. The full process from filing to judgment usually takes one to three months, depending on the county's docket and whether service goes smoothly.

After a judgment, the losing party can appeal within 10 calendar days. If no appeal is filed, the judgment becomes final and enforceable.

What to Do If You Are Close to the Deadline

If your limitation period is about to expire, file your Form AOC-175 complaint immediately — even if your demand letter response period has not run out. You can always settle after filing, but you cannot file after the deadline passes. If you are also applying for a fee waiver using Form AOC-026, submit both forms at the same time. The complaint is treated as filed on the date you submit it, but if the waiver is denied, CR 5.05(4) requires you to pay required fees and costs or appeal within 30 days.

Our Kentucky Small Claims Filing Guide includes a deadline calendar that helps you track every time-sensitive step — from the statute of limitations through your hearing date and the 10-day appeal window.

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