Sue a Contractor in Small Claims Court in Kentucky

The Most Common Contractor Claims

Contractor disputes are one of the top reasons people file in Kentucky's Small Claims Division. The typical scenarios: a contractor took a deposit and never started work, finished the job poorly and refuses to come back, or disappeared mid-project. As long as the amount in dispute is $2,500 or less, the Small Claims Division of District Court can hear the case.

The key distinction the court cares about is straightforward — what did the contractor agree to do, what did they actually do, and how much money are you out as a result?

Verify the Contractor's Legal Identity

This is where most people trip up. You cannot sue "Mike's Renovations" if that is a trade name and the actual legal entity is "M.J. Thompson Home Services LLC." A judgment against the wrong name is unenforceable.

Search the Kentucky Secretary of State database at sos.ky.gov. Look up the contractor's business name and find the exact registered entity name, the entity type (LLC, corporation, sole proprietorship), and the registered agent's address. Your complaint must name the legal entity and direct service to the registered agent.

If the contractor is an unincorporated sole proprietor operating under a trade name, check the Assumed Name Certificate at the local County Clerk's office. Name the individual owner on your complaint — "John Thompson d/b/a Mike's Renovations."

If the contractor has no registered business at all, you are suing them as an individual. Use their full legal name and an address where certified mail can be delivered to them; provide a physical address if requesting sheriff service.

Collect Your Evidence

The stronger your documentation, the better your case. Gather:

• The written contract, estimate, or proposal — shows what work was agreed to and the price
• Proof of payment — cancelled checks, bank transfers, Venmo or Zelle receipts, credit card statements showing the deposit or progress payments
• The demand letter and certified mail receipt — proof you tried to resolve the dispute before filing
• Photos of the job site — before the contractor started, during (if you documented progress), and the current condition showing incomplete or defective work
• Repair estimates from other contractors — written estimates showing what it will cost to finish or fix the job. Get at least two independent estimates
• Communication records — printed text messages, emails, or voicemails documenting the contractor's excuses, no-shows, or refusal to refund
• Permit records — if the contractor claimed to have pulled permits and did not, check with your local building department

Calculate Your Damages

Keep your claim within the $2,500 cap. Common damage calculations:

Unreturned deposit, no work performed: The full deposit amount.

Incomplete work: The cost to hire another contractor to finish the job, minus what you would have owed the original contractor for the remaining work. If you paid $1,800 on a $3,000 job and the contractor completed about half, and another contractor quotes $2,000 to finish, your damages are $2,000 minus the $1,200 balance you still owed — so $800, plus any additional costs from the delay.

Defective work: The cost to repair or redo the defective portions. Use written estimates from licensed contractors.

If your total damages exceed $2,500, you can waive the excess and file in small claims. For the full amount, file in the general civil division of District Court for claims up to $5,000, or in Circuit Court for claims over $5,000.

File and Serve

Complete Form AOC-175 at the Circuit Court Clerk's office in the correct county. Under KRS 24A.260(2), a small claims action may be filed in the judicial district where the contractor or the contractor's agent resides or is doing business. For a corporate defendant, KRS 24A.210 defines residence as the county of its headquarters and doing business to include counties where it operates a place of business or dispatches sales representatives. KRS 24A.260(3) preserves other bases for exercising jurisdiction authorized by statute or the Rules of Civil Procedure. Statewide filing charges total $68; certified-mail service costs $35 per defendant effective July 1, 2026, before optional local fees.

In the statement of claim, stick to facts: the contract date, the work agreed to, the amount paid, what the contractor did or failed to do, and the dollar amount you are claiming.

Service is commonly arranged through the clerk — certified mail directed to the addressee only at the registered agent's address for a business entity, or at an address where the individual owner can receive it. If the contractor has gone dark and certified mail comes back unclaimed, request sheriff service ($60).

At the Hearing

The judge will hear your side first. Present your evidence chronologically: the contract, proof of payment, your demand letter, photos of the job, and repair estimates. Speak to the judge, not to the contractor.

The contractor (or, for a corporation or partnership, an officer or a person regularly employed in a managerial capacity under SCR 3.020) may claim partial completion, argue the work met the contract specifications, or dispute your repair estimates. The judge weighs both sides and rules.

If the contractor does not show up after valid service, you still need to testify and present evidence. The judge then enters a default judgment if your proof supports it.

For a complete walkthrough of the Kentucky small claims process — including entity verification worksheets, evidence organizers, and a service tracking log — see our Kentucky Small Claims Filing Guide.

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