Small Claims Court in Kentucky

Small Claims Court in Kentucky is a simple, easy‑to‑use court where people can settle disputes about money or property worth $2,500 or less. It’s designed so regular people can handle their case on their own, without needing a lawyer.

• A landlord won’t return your security deposit.
• You did work for someone, and they didn’t pay you.
• A person or business damaged your property and won’t fix it.
• A business charged you for a service that wasn’t done right.
• Someone borrowed your property and won’t return it.
• You paid someone to do a job, and they never did it.
• You want to cancel or undo a small contract for goods or services worth $2,500 or less. This means you want the court to treat the deal like it never happened and return the money or item.

If the amount is more than $2,500 and you don’t want to just ask for $2,500, the case must go to regular District Court or Circuit Court depending on the amount, not Small Claims Court.

The first step is to talk to the person that you are thinking of suing. Think about the amount of money you think they owe you and decide the minimum amount you would accept to avoid going to court. This is called a settlement. Try to talk to the person face-to-face. If you come to an agreement, put it in writing. You and the other person need to sign the agreement that you reach.

If you can’t solve the dispute by talking with the other person, write them a letter. Start by describing the problem and why they owe you money. Clearly and politely ask for payment. Write down the date you want to get the payment by. Say in the letter that if you don’t get payment, you will sue them in court. Make a copy of the letter for yourself. Send the letter by certified mail. Ask the post office for a return receipt.

If you can’t solve the problem by talking or writing them a letter, you may want to file a case in court.

• Is the amount you want is $2,500 or less?
• Is the problem simple (small debt, broken promise, minor property damage)?
• Is the only thing you want money  or the contract canceled, not anything else?
• Do you have proof (texts, receipts, photos, messages, estimates)?
• Do you know the correct person or business to sue?
• Can  you find the person or business to serve the court papers?
• Have  you tried to fix the problem by talking or writing to the other person?
• Can you take time to file the case and go to the hearing?
• Do you understand that winning does not guarantee payment?
• Are still within the time limit for filing your type of claim?

• Claims based on oral contracts must be filed within 5 years.
• Claims based on written contracts must be filed within 15 years.
• Some personal injury claims have a 1-year statute of limitations.

If you are unsure about the time frame, go ahead and file a case. But, if too much time has passed, the judge dismisses the claim. If that happens you lose your filing fee.

• If you’re suing a person, file where they live.
• If you’re suing a business, file where the business is located or where its agent is.
• If the case is about a contract, you might also be able to file where the deal was made or where the work was supposed to happen.
• When in doubt, filing where the defendant lives is usually correct.

How do I file a case in Small Claims Court?

1.  File the complaint - Fill out the Small Claims Complaint form.  You will be the Plaintiff; the person or business you are suing is the Defendant.  Print it out.  You can also get the form from the Circuit Court Clerk office in any county. Find the clerk’s office in each county here.

You may want to use this guided interview to do the complaint because it will give  you all the other forms you need to file.  You can access the interview here and choose "Small Claims".

When you fill out the Complaint, be as specific as you can about why the defendant owes you money. After you fill it out, take it to the Circuit Court Clerk office in the county where you decided to file.

2.  Pay the filing fee

When you file your complaint, you have to pay the filing fee. You can find out the cost of the filing fee by calling the Circuit Court Clerk office in the county you decided to file.  If you can’t afford the fee,  you can ask that the fee be waived by filing a Motion for Waiver of Costs and Fees form. Find the clerk’s office in each county here.

You may want to use this guided interview and choose "Waiver of Costs" to ask that the filing fee be waived because it will give you all the other forms you need to file.      

3.  Have the Defendant served and get your copy of the filed complaint & summons

Once the complaint is filed and the filing fee is paid, the Defendant must be served. It is to let the other person know that you sued them.  The Circuit Court Clerk  will  issue the summons to tell the defendant your complaint has been filed. When you file your case, tell the circuit court clerk how you want the complaint and summons to be served. You can choose either certified mail with a return receipt or have the defendant served by the Sheriff ’s Office.  It is important to have the right address for the Defendant.

If you pick certified mail, the Clerk will mail the complaint and summons to the Defendant at the address you listed on the Complaint.  

If you pick service by the Sheriff’s Office, you pay the service fee directly to the Sheriff ’s Office.  The Clerk may tell you that you have to take the complaint and 2 copies of the summons to the Sheriff’s office.

Make sure you get a copy for your records of the complaint and summons from the clerk after they are filed The location, time and place of the hearing is listed on the Small Claims Summons form.  You must go to court on the date and time listed on the summons.

If you are suing a business, you must figure out who should get the court papers (the summons) for that business. You can look this up on the Kentucky Secretary of State’s website
here. The website will tell you if the business is a corporation.

If it is a business, you can find the name and address of the business’s process agent. This is the person or company that is allowed to receive legal papers for the business. You should list this person on the summons.

If there are many people or businesses involved and you cannot tell who you should sue, your case may be too complicated for Small Claims Court.

4.  Check to see if the Defendant was served.

It is your responsibility to check with the circuit court clerk to see if  the defendant was served. Call the office of the circuit clerk in the county where you filed and ask if the defendant was served. You need to give the clerk the case number. Find the case number in the upper, right-hand corner of either the complaint or summons. Find the link to the the clerk’s office in each county here.

Once the defendant is served, you are ready to go to court. Remember that the place and time of the hearing is listed on the Small Claims Summons form.

The defendant may contact you to try to settle the case. If you and the defendant reach a settlement before the hearing, you need to complete a Small Claims Settlement Agreement & Order form.  You can find the form here: here.

Both you and the defendant must sign the form. Take it to the office of the circuit court clerk for filing. Find out from the clerk if you and the defendant still have to appear in court. If the clerk tells you that you need to go, make sure you go.

If the judge approves the settlement agreement, it becomes legal and can be enforced.

If you can’t settle the case, get ready for your day in court. Think about what you are going to say. You may want to make notes to take with you. Organize any documents you are going to use. If you are going to have witnesses, talk to them ahead of time so you know what they are going to say.

Watch a video that tells you more about going to court here.

After hearing from both you and the defendant, the judge decides based on the facts of the case. They enter a judgment that says who won, how much has to be paid and how it needs to be paid. You get a copy of the judgment.