To file a small claims case in Lexington, KY, you complete a Small Claims Complaint (form AOC-175), file it with the Fayette County Circuit Court Clerk at the Robert F. Stephens District Courthouse at 150 North Limestone, pay the filing fees, and arrange for the defendant to be served with the summons. The dispute has to be worth $2,500 or less, and you can handle the whole process yourself without a lawyer.
Make Sure Your Case Belongs in Small Claims
The Small Claims Division handles civil disputes where the money or property at stake does not exceed $2,500, excluding interest and court costs. The common fits are unpaid debts, broken contracts, property damage, security deposit disputes, and personal injury claims. You can also use the division to cancel a contract for goods or services worth $2,500 or less.1Justia. Kentucky Code 24A.230 – Jurisdiction — Authority
Some claims are off-limits. You cannot file for libel, slander, malicious prosecution, or abuse of process in Small Claims, and the division cannot issue prejudgment orders for attachment, garnishment, or property seizure.1Justia. Kentucky Code 24A.230 – Jurisdiction — Authority Criminal matters and evictions go elsewhere. If your damages exceed $2,500, you can still file in Small Claims but you forfeit anything above the cap; otherwise, file in the regular civil division of District Court.
Check the deadline before you do anything else. Kentucky’s statute of limitations runs from the date the harm or breach happened, not from when you noticed it, and once it passes the court will dismiss the case no matter how strong your evidence is:
- Written contracts: 15 years2Kentucky Legislative Research Commission. Kentucky Revised Statutes – Chapter 413
- Oral or implied contracts: 5 years
- Personal property damage: 2 years
- Personal injury: 1 year
The one-year personal injury window is the one people miss most often. A dog bite or a fender-bender from 13 months ago is already too late.
Gather Your Information Before You File
You need three things pinned down: who you are suing, what happened, and how much you are owed.
For the defendant, get a full legal name and a physical address where papers can actually be delivered. A P.O. Box will not work because service requires delivery to a person. If you are suing a business, you need the name and address of its registered agent, which you can look up on the Kentucky Secretary of State’s website.3Kentucky Court of Justice. Service Methods
For the claim itself, pull together contracts, receipts, repair estimates, photographs, text messages, and any written correspondence with the defendant. Settle on a specific dollar figure at or below $2,500.
Kentucky does not require a demand letter, but sending one is sensible. A short note stating what is owed, why, and a reasonable deadline sometimes resolves the dispute without a court date, and it shows the judge you tried first.
Where to File in Lexington
You file in the county where the defendant lives or does business. For corporations, that is the county of the office or the registered agent. In a contract dispute against a corporation, you also have the option of filing where the agreement was made or was supposed to be performed.4Kentucky Court of Justice. Small Claims Handbook
If the defendant lives or operates in Fayette County, your courthouse is the Robert F. Stephens District Courthouse at 150 North Limestone in downtown Lexington.5Kentucky Court of Justice. Fayette District Court Filing in the wrong county usually ends in dismissal, and the filing fee goes with it.
Complete and File AOC-175
The form you need is the Small Claims Complaint, AOC-175. You can pick it up at the Fayette County Circuit Court Clerk’s office or download it from the Kentucky Court of Justice website.6Commonwealth of Kentucky Court of Justice. Small Claims Complaint It asks for your contact information, the defendant’s name and address, and a written description of your claim. Keep that description short but specific: dates, dollar amounts, and exactly what the defendant did or failed to do.
File the completed form with the Circuit Court Clerk and pay the filing fee. The base small claims filing fee is $30, with a $20 court technology fee on every case and additional charges for the court facility and law library.7New York Codes, Rules and Regulations. Kentucky Rules of Civil Procedure – CR 3.03 District Civil Fees and Costs Expect roughly $55 to $65 before service fees, depending on the current schedule. The clerk accepts cash, money orders, and certain credit cards.
After the clerk processes the paperwork, you get a copy showing the assigned hearing date. Keep it. That is your official notice of when to show up.
Get the Defendant Served
Your case does not move forward until the defendant has been properly served with the complaint and summons. Kentucky offers a few methods, and the choice affects both cost and reliability.
- Certified mail, sent by the clerk with return receipt requested. This is the cheapest option, but the defendant has to personally sign for it. If a roommate or family member signs instead, the service is invalid even though the papers reached the right address.3Kentucky Court of Justice. Service Methods
- Sheriff, who hand-delivers the papers in the defendant’s county. This runs about $40 to $50 depending on the county, and the fee is charged whether or not service succeeds.3Kentucky Court of Justice. Service Methods
- Constable, which you arrange yourself by selecting “Return to Filer For Service” when filing so the clerk sends you a service package.
If certified mail comes back unsigned, switch to the sheriff or a constable. The defendant has to receive at least 20 days’ notice before the hearing, so each failed attempt can push your date back.
Show Up and Prove Your Case
Hearings in Lexington’s Small Claims Division are informal. No jury. A District Court judge hears both sides, asks questions, and rules.4Kentucky Court of Justice. Small Claims Handbook You go first, explaining the claim and presenting evidence. The defendant responds. Both sides can question each other and any witnesses.
Bring originals of everything you have: contracts, receipts, canceled checks, photographs, repair estimates, police reports, text messages. Copies if that is all you have. The judge wants to see whatever helps prove your point.4Kentucky Court of Justice. Small Claims Handbook
Even if the defendant does not appear, you still have to prove your claim. The judge will not automatically grant the full amount; present your evidence as if the other side were there.
You can hire an attorney, but most people do not. If a corporation or partnership is a party, it must send an officer, someone in a managerial role, or an attorney to speak for it.4Kentucky Court of Justice. Small Claims Handbook
Collecting After You Win
The judgment states who won and how much is owed, and it becomes part of the public record. The court does not collect for you. If the losing party does not pay voluntarily, enforcement is on you.
A wage garnishment order requires the defendant’s employer to withhold part of their pay and send it toward the judgment. You start the process by filing an affidavit with the clerk showing the amount still owed, naming the garnishee (the employer or bank), and paying a $10 processing fee.8Kentucky Legislative Research Commission. Kentucky Revised Statutes 425.501 – Proceedings for Obtaining Order of Garnishment If one garnishment does not satisfy the debt, you can file more against the same or different garnishees until it is paid.
When the winner has no attorney, the garnishee sends payments to the court clerk rather than to a lawyer.9New York Codes, Rules and Regulations. Kentucky Rules of Civil Procedure Rule 69.02 – Post-Judgment Garnishment; Service; Answer; Disposition of Funds You can also pursue a lien on the defendant’s real property, which requires additional filings and fees.
If You Want to Appeal
Either side can appeal within 10 days of the decision. The appeal goes to the Circuit Court in the same judicial circuit, which for Lexington is Fayette Circuit Court.10Kentucky Legislative Research Commission. Kentucky Revised Statutes 24A.340 – Appeal The 10-day window is strict; miss it by a day and you lose the right to challenge the judgment. Circuit Court is more formal and carries additional fees, so weigh whether the amount at stake justifies the time and expense.