A Kentucky Motion for Satisfaction of Judgment (Small Claims) is a court document that is filed by a judgment creditor in order to obtain satisfaction of a judgment awarded in a small claims court. This motion is used to request that the court order the judgment debtor to pay the amount owed according to the judgment. The Motion must include the amount of the judgment, the name of the judgment debtor, and the court's docket number. There are two types of Kentucky Motion for Satisfaction of Judgment (Small Claims): a Motion to Set Aside Satisfaction of Judgment, and a Motion for Entry of Satisfaction of Judgment. A Motion to Set Aside Satisfaction of Judgment is used when a debtor has paid the full amount of the judgment, but the creditor has not yet entered the satisfaction of judgment. A Motion for Entry of Satisfaction of Judgment is used when a debtor has paid the full amount of the judgment, and the creditor has entered the satisfaction of judgment.
Kentucky Motion for Satisfaction of Judgment (Small Claims)
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The Small Claims Division of District Court in each Kentucky county settles disputes involving money or personal property valued at $2,500 or less. The $2,500 limit does not include interest and court costs. The jurisdiction for the Small Claims Division is found in KRS 24A. 230.
(1) Upon the return of an execution showing that a judgment has been satisfied the clerk shall thus enter satisfaction on the judgment: "Satisfaction by execution." A party or his attorney receiving satisfaction of a judgment otherwise than by execution may make, date and sign this entry on the margin of the judgment:
Rule 45.01. Subpoenas shall not be used for any purpose except to command the attendance of the witness and production of documentary or other tangible evidence at a deposition, hearing or trial. Upon order of the Court, with the agreement of the parties, documents may be produced without a deposition.
Motions are set for ten minute hearings beginning at p.m. with the last motion time being p.m.
Every pleading, motion and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall sign his pleading, motion, or other paper and state his address.
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.
¶ 46.) In Kentucky, a court should grant a motion to dismiss under CR 12.02 for failure to state a claim only if it appears that the pleading party could not prove any set of facts in support of his claim that would entitle him to relief.
On any motions submitted to the Court for decision, the Court is to make all reasonable efforts to enter a decision on the motion within thirty (30) days after date of submission.
