Filing Small Claims in Kentucky
- 1). Contact the party you want to sue and try to work out your differences before filing a small claims suit. If you can settle your dispute, put your agreement in writing. Both you and the other party should sign and date it. This will save both you and the court lots of time, money and effort.
- 2). File a small claims suit against a person only if you know he will be able to pay in case you win. Some people may be "judgment proof" --- that is, they don't have enough income or property to pay out --- and you won't be able to collect on whatever amount you're awarded.
- 3). Institute a small claims suit as soon as you know settlement is impossible. Certain statutes of limitations may preclude you from filing a claim, and you don't want to run out of time. You have five years to file an oral contract dispute, 15 years to file a claim involving written contracts, and one year on some personal injury claims.
- 4). File your small claims suit in the county where the party you're suing resides or does business. Go to the Small Claims Circuit Court Clerk's office and get a copy of a small claims complaint --- or Form AOC-175. Alternatively, access the complaint form online at the Kentucky Court of Justice website, click on the forms link, and print it out.
- 5). Complete the information on the complaint form, including the amount of the dispute, the name and address of the party you're suing, and a detailed explanation of your claim. File the complaint with the Circuit Court Clerk's office and pay the filing fee. The Clerk will issue a summons to alert the defendant that he's being sued. He'll also get a copy of the complaint and the Kentucky Small Claims Handbook.
- 6). Choose how you want the summons and complaint served on the defendant --- either by certified mail, return receipt requested, or by personal service by the Sheriff. You'll have to pay a fee to the Court Clerk to cover the cost of certified mail. If you want it personally served, you'll have to pay a fee to the Sheriff for his services.
- 7). Follow up with the Court Clerk to find out if the defendant has been served. She will not let you know unless you ask. After the other party is served, he or she must appear in court for a hearing. The date, time and location of the hearing are indicated on the summons.
- 8). Appear in court to present your side of the case and hear what the defendant has to say, provided he shows up. You have the right to question the defendant to add credence to your case, and he has the right to ask questions of you and defend his side of the story. The judge will enter a judgment after all the facts are presented, and state which side won, the amount awarded, and when and how the award is to be paid.