What follows is a brief but informative summary of rules, procedures, and filings requirements for small claims court in Kentucky. Keep in mind that rules and laws change. It’s always a good idea to confirm the rules with the court or with further research.
Maximum Jurisdictional Dollar Amount: The maximum dollar amount is $1,500.
Where Suit May Be Brought: Cases should be brought where the defendant resides or does business.
Proper Manner of Service of Process upon Defendant: Service may be made by certified or registered mail. In the alternative, service may be made by sheriff or constable.
How the Hearing Date Is Selected: 20-40 days from service.
Attorney Representation Rule: Attorneys are allowed.
Special Provisions Regarding Transfer or Jurisdiction of Cases: If defendant counterclaims for more than $1,500 or requests a jury trial or at judge’s discretion, the case shall be tried under regular civil procedure of District Court or Circuit Court.
Availability of Appeals: Either litigant may appeal for a review of law but not of the facts to Circuit Court within 10 days.
Special Rules and Notes: Limited Injunctive relief is available. Limit of 25 claims a year per plaintiff. Collection agents and lenders of money at interest may not sue. No discovery is allowed. No libel, slander, alienation of affection, malicious prosecution, class action, or abuse of process actions. Jury trials are only allowed if defendant makes a written request within at least seven days before hearing date. Case is then transferred to regular court.
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Michael Spadaccini is the author of 8 books on self-help legal matters such as, Ultimate LLC Compliance Guide: Covers All 50 States (Ultimate Series), Ultimate Book of Forming Corps, LLCs, Partnerships & Sole Proprietorships, and Ultimate Guide to Forming an LLC in Any State, Second Edition (Ultimate Series).
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