Kentucky Small Claims Forms - Ky Small Claims Court

Kentucky Small Claims Court FAQ Smalll Claims Court

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Small Claims Court Louisville Ky

  • Is it worth it to get a lawyer for small claims?

    For most small claims, hiring a lawyer may not be necessary, as the process is designed to be straightforward. However, if your case is complex or involves significant amounts, consulting a lawyer can be beneficial. They can help you navigate Kentucky Small Claims Forms and provide strategic advice. Weigh the potential benefits against the costs when making your decision.

  • How do I file a small claims case against someone out of state?

    To file a small claims case against someone out of state, you need to determine whether Kentucky has jurisdiction over the issue. Using Kentucky Small Claims Forms can ease part of this process. You may require guidance on local laws, so consider contacting the court to ask about the proper procedures. This ensures you follow the right steps for your case.

  • Who pays court fees in a lawsuit?

    In a lawsuit, the party that initiates the case usually pays the court fees. However, in small claims cases using Kentucky Small Claims Forms, the judge may rule that the losing party covers the costs. It's essential to understand these implications before filing. Always review the specifics of your case to know your responsibilities regarding fees.

  • What is the lowest amount for small claims court?

    In Kentucky, the lowest amount you can claim in small claims court is $1. However, the maximum amount you can seek is $2,500. This makes small claims court a viable option for individuals who have disputes involving sums that may not justify more expensive legal avenues. To facilitate your claim, you can use Kentucky Small Claims Forms available on the UsLegalForms platform, which streamlines the process and ensures you have all necessary documentation.

  • Is it worth going to small claims court for $500?

    Going to small claims court for $500 can be worth it, especially if you have clear evidence to support your claim. Consider the time and costs involved, including any legal fees or court costs. If you believe you can effectively present your case with the right Kentucky Small Claims Forms, pursuing your claim can be a beneficial step. Ultimately, assess your situation to make an informed decision.

  • Is it worth it to take someone to small claims court?

    Taking someone to small claims court can be worthwhile if the amount you seek warrants the effort and expense. Evaluate the complexity of your case and the evidence you possess. If you have a strong case and can clearly present your claim using Kentucky Small Claims Forms, it may lead to satisfactory results. Weighing your options and potential benefits is crucial before proceeding.

  • Who pays lawyer fees in small claims court?

    Typically, each party pays their own lawyer fees in small claims court. This is often referred to as the 'American Rule.' However, if you win your case, the court may award you costs, which could include fees associated with filing the Kentucky Small Claims Forms. Understanding this can help you weigh the benefits and risks before pursuing legal action.

  • Can I take someone to small claims court for $100?

    Yes, you can take someone to small claims court for $100, but be mindful of the court fees involved. Even though $100 is below the small claims limit, the costs associated with filing may outweigh the benefits. When pursuing a small claim, ensure you have valid evidence and the correct Kentucky Small Claims Forms to strengthen your case. This preparation fosters a better outcome.

  • How to file small claims in Kentucky?

    To file small claims in Kentucky, first, gather all necessary documents and complete the Kentucky Small Claims Forms. Then, you need to file these forms with the appropriate district court in your county. After you file, the court will set a date for your hearing. Following these steps will help you navigate the process smoothly.

  • Where can I find KY court forms?

    You can find Kentucky court forms on the Kentucky Court of Justice website. Additionally, platforms like USLegalForms offer access to a comprehensive collection of Kentucky Small Claims Forms. These resources simplify the process of obtaining the necessary paperwork for your small claims case. Make sure to download the correct forms for your specific needs.