Kentucky · Debt collection defense

Debt collection defense in Kentucky small claims

Being sued over an alleged debt? Organize your defense.

If a creditor, debt buyer, or collector has sued you in small claims over an alleged debt, you can respond and defend yourself. Common defenses include the debt being past the statute of limitations, the amount being wrong, the plaintiff not proving they own the debt, or the debt not being yours at all. You do not have to face it disorganized.

In Kentucky, small-claims cases are heard in the Small Claims Division of the District Court and you can sue for up to $2,500 (exclusive of interest and costs).

Debt collection defense: steps that matter

  1. Read the lawsuit carefully and note your deadline to answer — missing it can cause a default judgment against you.
  2. Ask the plaintiff (in writing, through the court process) to prove the debt: the original signed agreement, a full account history, and a clear chain showing they own the debt.
  3. Check the age of the debt against the statute of limitations below; a time-barred debt is a defense you can raise.
  4. Gather your own records — payments, disputes, and any prior correspondence — and keep them together with the court dates.

Filing your Small Claims Complaint (AOC-175) in Kentucky

  1. Complete the Small Claims Complaint (AOC-175). Fill out the AOC-175 with the correct name and address of the person or business you are suing and an explanation of the dispute. The clerk cannot fill it out or give legal advice.
  2. File in the correct county (or e-file). File with the Circuit Court Clerk in the county where the defendant lives or does business (contract disputes have exceptions). You can also e-file at ehelp.kycourts.net.
  3. Pay the filing fee. Pay the filing fee when you file. By KRS 24A.270 it equals the District Court fee for claims of $500 or less.
  4. Clerk issues the summons and serves the defendant. The clerk issues the Small Claims Summons (AOC-180) and serves the defendant with the complaint. Tell the clerk whether you want certified mail or sheriff service.
  5. Confirm service and appear at the hearing. Check with the clerk that the defendant was served, then appear at the hearing date listed on the summons with your evidence and witnesses.

Filing fees: The filing fee is set by statute to equal the District Court fee for claims of $500 or less (KRS 24A.270); the official handbook confirms a fee is charged but does not state the dollar amount, so verify it with the clerk. Certified-mail or sheriff service costs are paid separately.

Deadline that applies to your debt collection defense

A debt claim usually rests on a contract or account, so the statute of limitations for that kind of debt is the deadline the other side has to sue you. If the debt is older than this window, the limitations period can be a defense you raise.

Oral contract / debt: 5 years (Kentucky Small Claims Handbook (P-6))

Answering a lawsuit: No written answer is required. The defendant is summoned to appear at the hearing, set 20 to 40 days after service; failing to appear can result in a default judgment.

Serving the defendant: After filing, the Circuit Court Clerk issues the summons (AOC-180) and serves the defendant with the complaint. You choose the method: certified mail (return receipt, postage prepaid to the clerk) or personal service by the Sheriff (fee paid to the Sheriff).

Appeals: Either party may appeal to Circuit Court within 10 days of the judgment being entered (KRS 24A.340), then file a Statement of Appeal within 30 days. The Circuit Court reviews only whether the law was applied correctly; no new evidence is allowed.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Kentucky Court of Justice: Small Claims Handbook (P-6). Last reviewed 2026-06-24.