Small claims forms · Kentucky
Kentucky small claims court forms, filled in for you
Answer a few questions once. Vera fills in the Kentucky court's own forms from your answers, walks you through anything left, and gives you one packet to file, with how to file it.
Fill in my forms — start freeTo sue (you're the plaintiff)
Small Claims Complaint (AOC-175)
The court's own form (www.kycourts.gov)
What to know
- File it with the clerk of the Small Claims Division of District Court in the judicial district where the defendant or the defendant's agent resides or is doing business (KRS 24A.260). "If you want a jury trial, this Complaint must be filed in the Civil Division of District Court" (AOC-175).
- The Small Claims Division hears claims for money or personal property of no more than $2,500, exclusive of interest and costs, but not libel, slander, alienation of affections, malicious prosecution or abuse of process, and no attachment, garnishment or other prejudgment remedy (KRS 24A.230). Above $2,500, file in the Civil Division (AOC-175, item 2).
- An attorney is "permitted but not required". No assigned claim or class action may be filed, and a business that lends money at interest, or a collection agency or agent, may not bring an action there in furtherance of its business (KRS 24A.240). No party may file more than 25 claims in a calendar year (KRS 24A.250).
- Check the top: Vera filled the case number only if your case has one, the court (District) only when your court's name says so, and the county when it gives one of Kentucky's. Leave the Division for the clerk unless you know it. Vera filled you as plaintiff and the other side as defendant; for an individual, give first, middle and last names (the form).
- From your answers in Court forms, Vera filled your address, email and phone, the defendant's address, email and phone, what you claim in item 1, and the amount in item 2, without interest. It marked Individual for the defendant if you said the defendant is a person, and Company if you said the business is a corporation, an LLC or a partnership. Check each one (the form).
- Still yours: Company or Individual for you; for a defendant that is a business you said is a sole proprietor, a government agency, something else, or you did not know, the defendant's box (Vera does not mark it); the defendant's email if you did not give it; and the attorney lines only if you have one (the form). "Only the Complaint form will be served on Defendant. Attachments WILL NOT be served" (AOC-175): put everything the defendant must see in item 1.
- Item 2 is the amount "(does not include interest)"; item 3 already says "Plaintiff also claims court costs and interest on the damages to be added to any judgment". The form has no blank for an interest amount, rate or date, so Vera fills none from your answers (the form).
- The form has one Defendant block. If you named a second defendant in Court forms, Vera does not put them on it: ask the clerk how to name a second defendant before you file (the form).
- Date and sign the complaint. The Small Claims Affidavit ("I swear and affirm I have not filed more than the maximum number of complaints allowed by KRS 24A.250") is signed before the person who completes the "Subscribed and sworn to before me" part (the form); the statute says you sign it with the clerk at the time of filing (KRS 24A.250). Vera never signs or dates a form.
- The filing fee is the same as for District Court claims of $500 or less, and the sheriff's fee and mileage are not charged where personal service is not required (KRS 24A.270). Vera does not know the amount.
- The clerk sends the defendant a copy of the claim and a summons to appear; the hearing is set not less than 20 nor more than 40 days after service, and continuances are granted only where fairness and justice require (KRS 24A.280). A defendant's counterclaim, up to $2,500 and from the same transaction, is filed and a copy delivered to you at least five days before the hearing (KRS 24A.290). There is no pretrial discovery (KRS 24A.300).
- If the claim is for a residential security deposit, where your city or county has adopted the Uniform Residential Landlord and Tenant Act (KRS 383.500): the landlord keeps deposits in a separate account and gives move-in and move-out damage lists; "No landlord shall be entitled to retain any portion of a security deposit if the security deposit was not deposited in a separate account as required by subsection (1) of this section and if the initial and final damage listings required by subsections (2) and (3) of this section are not provided"; a tenant who disputes the final list may sue only for the items the tenant dissented from in writing (KRS 383.580). The statute sets no refund deadline and no multiple of the deposit (KRS 383.580).
If you were sued (you're the defendant)
- There is no written answer: no formal pleadings are required other than the claim and a counterclaim (KRS 24A.300). Appear at the hearing time in the summons; if you fail to appear, judgment may be entered against you (KRS 24A.280).
- A counterclaim of no more than $2,500 arising from the same transaction is filed with the clerk, with a copy delivered to the plaintiff at least five (5) days before the hearing (KRS 24A.290).
- Continuances are granted only where reasons of fairness and justice require (KRS 24A.280).
Checked against the court's own forms and rules. Courts change forms; check with the clerk before you file. This page is general information, not legal advice.