Kentucky · Unpaid personal loan
Unpaid personal loan in Kentucky small claims
Friend or family owes you money? Recover it in small claims.
Lending money to a friend or family member without repayment can lead to a small claims case. You do not need a formal promissory note to sue, but having written evidence of the loan — even text messages or emails confirming the amount and a promise to repay — dramatically strengthens your case. The key elements are proving the loan was made, the amount, and that repayment was due.
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).
Good to know: Kentucky small claims is the Small Claims Division of the District Court, which sits in each county. There is no jury (KRS 24A.230). Cases are filed with the Circuit Court Clerk in the county.
Unpaid personal loan: steps that matter
- Gather all evidence of the loan: bank transfers, cash-withdrawal records, texts, emails, or any written note agreeing to repay.
- Calculate the amount owed including any agreed interest, and confirm when repayment was supposed to occur.
- Send a written demand for repayment with a clear deadline and keep proof you sent it.
- Confirm you are within the statute of limitations below before filing — the clock may have started from the repayment due date.
- File in the court where the defendant lives or where the loan was agreed to.
Filing your Small Claims Complaint (AOC-175) in Kentucky
- 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.
- 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.
- 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.
- 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.
- 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 unpaid personal loan
A personal loan is a contract or debt claim — you lent money on a promise to repay. If you have a written loan agreement, the written-contract statute of limitations typically applies. If the loan was only a verbal agreement, the oral-contract or debt period usually governs. The limitations clock generally starts from the date repayment was due or the last payment made.
Written contract: 15 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.
All Kentucky small-claims deadlines
The table below lists the filing deadlines Small Claims Division of the District Court applies by claim category. Confirm the exact rule that applies to your unpaid personal loan claim with your court before relying on any figure.
| Claim type | Filing deadline |
|---|---|
| Written contract (Kentucky Small Claims Handbook (P-6)) | 15 years |
| Oral contract / debt (Kentucky Small Claims Handbook (P-6)) | 5 years |
| Personal injury (Kentucky Small Claims Handbook (P-6)) | 1 year |
Kentucky small-claims forms for your unpaid personal loan case
These forms are published by the Small Claims Division of the District Court. Download and complete them before filing.
- Small Claims Complaint (AOC-175): The initiating document; the plaintiff completes this to start a small claims case. Confirmed AOC-175, Doc. Code COM, Rev. 4-26.
- Small Claims Summons (AOC-180): Issued by the clerk and served on the defendant; states the date, time, and location of the hearing. Confirmed AOC-180, Doc. Code SC, Rev. 4-26.
- Small Claims Counter-Claim (AOC-185): Used by a defendant who believes the plaintiff owes them money or property related to the same dispute.
- Small Claims Settlement Agreement (AOC-199): Used when plaintiff and defendant resolve the dispute before the hearing; filed with the clerk and, if approved by the judge, becomes legally enforceable. Confirmed AOC-199, Doc. Code ASET, Rev. 5-24.
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.