Kentucky Small Claims Forms - Small Claims Court

Kentucky Small Claims Court FAQ Small Claims Kentucky

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

What Is a Small Claims Court?

A small claims court is a legal venue where people can resolve minor disputes and disagreements without the need for a full trial. In Kentucky, a small claims court operates similarly to other states. It provides an accessible and affordable way for individuals and businesses to seek justice for claims involving small amounts of money, typically up to a certain limit, which may vary by state. Small claims courts are designed to be user-friendly, with simplified procedures, no need for attorneys, and hearings held in a more informal setting. The judge or magistrate, rather than a jury, typically decides the outcome based on the presented evidence and testimony. It is generally advised to gather all relevant documents and evidence to present a strong case in these courts.


Why File a Small Claims Case?

Filing a small claims case in Kentucky can be beneficial for various reasons. Firstly, if you have a dispute or have been wronged by someone, it provides an avenue to seek justice without needing expensive lawyers or going through a lengthy legal process. It allows you to present your case directly to a judge in a local court, which can be more accessible and less intimidating. Additionally, filing a small claims case can help resolve conflicts over small amounts of money, property damage, or breaches of contract efficiently and fairly. It is a practical way to protect your rights and make sure you're heard when traditional negotiation or mediation fails. Overall, small claims court offers an accessible and straightforward option for Kentuckians to resolve disputes effectively.


Small Claims Court Limits for Each State

Each state in the United States has its own limits for small claims court cases, which are simple legal disputes that involve smaller amounts of money. These limits determine the maximum amount of money that can be claimed in these courts. In Kentucky, the small claims court limit is $2,500. This means that if you have a dispute that involves $2,500 or less, you can file a case in small claims court. It's important to note that these limits can vary from state to state, so it's necessary to check the specific limit in your state before proceeding with a small claims court case.


Small Claims Demand Letter Example

A small claims demand letter in Kentucky is a written request or demand sent to another person or business in an attempt to resolve a legal dispute. It is a simple and straightforward way to communicate your grievances and ask for compensation or resolution for a small amount of money. This letter can be used when you believe someone owes you money for damages, unpaid invoices, or any other type of claim that falls within the small claims limit in Kentucky. It is usually recommended sending a demand letter before taking any legal action as it shows your willingness to resolve the issue amicably.


Filing a Small Claims Case in 5 Steps

Filing a small claims case in Kentucky can be done in just five simple steps. First, gather all the necessary information and evidence related to your case. This includes any documents, receipts, or contracts that support your claim. Next, locate the appropriate Kentucky small claims court and obtain the necessary forms either online or in person. Fill out the forms accurately, providing clear and concise details about your case. Once completed, make copies of all the forms and any supporting documents. Take these copies along with the original forms to the court clerk's office and pay the required filing fee. Finally, serve the defendant with a copy of the paperwork, either in person or through certified mail, to notify them about the claim against them. By following these simple steps, you can file a small claims case in Kentucky efficiently and effectively.