Kentucky Small Claims Court: The $2,500 Limit, How to File, and the 10-Day Appeal

Kentucky’s small claims court is a division of district court. It hears civil claims up to $2,500, with simple forms and an informal hearing [1][13]. You don’t need a lawyer, though you can bring one [3].

What small claims handles

The small claims division hears civil cases where the money or the value of the personal property claimed is $2,500 or less, not counting interest and costs [1]. You can also use it to undo a contract to buy goods or services worth up to $2,500 [1].

A few kinds of cases can’t be filed there: libel, slander, alienation of affections, malicious prosecution and abuse of process [1]. The division also can’t order attachment, garnishment or other remedies before judgment [1].

Who can file, and who can’t

Most people and businesses can file. Some can’t [3]:

• Collection agencies and collection agents,
• businesses that lend money at interest, when the claim is part of that business,
• anyone filing an assigned claim (a debt someone sold or transferred to them), or a class action.

Executors, administrators, guardians, trustees and conservators can be parties [3].

There’s a yearly cap. No party can file more than 25 claims in a calendar year in small claims divisions across Kentucky. A business gets 25 for each location that has operated in the district for at least six months [4]. You sign an affidavit about this when you file [4].

How to file

1. Pick the right county. File in the judicial district where the defendant, or the defendant’s agent, lives or does business [5].
2. Fill out the claim form from the clerk [5]. Forms are kept simple by law, and there are no other formal pleadings [9].
3. Pay the filing fee. It’s the same as the district court fee for claims of $500 or less [6]. Ask the clerk for the current amount.
4. The clerk notifies the defendant with a copy of the claim and a summons that says when to appear, and that a judgment can be entered if they don’t [7].

When personal service isn’t needed, you don’t pay the sheriff’s fee and mileage [6]. When it is, Kentucky law sets the sheriff’s fee at $20 per process [12].

Before the hearing

The court sets the hearing 20 to 40 days after the defendant is served [7]. To keep cases moving, continuances are granted only when fairness requires [7].

• Counterclaims: a defendant can file a counterclaim up to $2,500 if it comes from the same transaction. It must be filed with the clerk and delivered to the plaintiff at least 5 days before the hearing [8].
• No discovery: there are no depositions or written questions before trial [9]. Bring your own evidence.
• Moving the case: it goes to the regular docket if a counterclaim is over the small claims limit, if a defendant with a right to a jury asks for one, or if the judge finds it too complex [10].

The hearing

The hearing is informal [13]. Each side tells the judge what happened and shows evidence.

Appeals

Either side can appeal to the circuit court in that judicial circuit within 10 days of the judgment [11].