Kentucky Small Claims Court Answer

Before you use this: Kentucky's Small Claims Handbook describes answering the claim at the hearing. Ask the circuit court clerk about filing a written answer, and attend the hearing even if you file one. A counterclaim uses the court's AOC-185 form.

DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM

Commonwealth of Kentucky — District Court

Small Claims Division

IMPORTANT INSTRUCTIONS FOR DEFENDANTS

Read carefully before completing this form.

1. Jurisdictional Limit: The Kentucky Small Claims Division has jurisdiction over civil money claims of $2,500 or less, exclusive of interest and costs, under KRS 24A.230(1). If the claim against you exceeds $2,500, the case may not properly belong in this division.

2. Attorney Representation Is Permitted: An attorney may appear for any party, but representation is not required. KRS 24A.240(1).

3. Answer and Hearing: The court handbook describes presenting your response at the hearing. If you choose to file this written Answer, confirm the filing and service procedure with the clerk. Attend the hearing and bring your evidence.

4. Counterclaim: Use the court's AOC-185 form for a counterclaim. File it with the clerk and deliver a copy to Plaintiff at least five (5) days before the hearing, per KRS 24A.290. Part VII below can help gather its facts but does not replace AOC-185.

5. Jury Trial: The Plaintiff waives a jury trial by filing in the Small Claims Division. A Defendant who wants a jury trial must give the Division written notice at least seven (7) days before the hearing; the case is then removed to the regular District Court docket. KRS 24A.320.

6. Appeal: An aggrieved party may appeal a small claims judgment to the Circuit Court within ten (10) days of the judgment. KRS 24A.340.

7. Removal: Removal is available on the grounds specified by statute, including an oversized Defendant's counterclaim, a timely Defendant's jury request, or the judge's determination that the action is too complex for the Division's simplified procedure. KRS 24A.310; KRS 24A.320(2).

8. Bring Your Evidence: Bring all documents, photographs, receipts, contracts, and witnesses to the hearing. The hearing is informal, but evidence matters.

9. Remove all instructional notes before filing this Answer with the Court.

COURT CAPTION

PART I — PARTIES

Plaintiff (Person/Business Filing the Claim):

Name: [________________________________]

Address: [________________________________]

City, State, Zip: [________________________________]

Phone: [________________________________]

Email: [________________________________]

Defendant (Person/Business Responding to the Claim):

Name: [________________________________]

Address: [________________________________]

City, State, Zip: [________________________________]

Phone: [________________________________]

Email: [________________________________]

PART II — APPEARANCE AND RESPONSE

Defendant [________________________________] hereby appears in this action and responds to the Small Claims Complaint filed by Plaintiff [________________________________] on [__/__/____], pursuant to the Kentucky Small Claims procedures (KRS 24A.220–24A.310) and the Kentucky Rules of Civil Procedure.

Defendant acknowledges that this matter is pending in the Small Claims Division of the District Court for [________________________________] County, Kentucky, and that the Division's monetary jurisdiction is limited to $2,500 exclusive of interest and costs under KRS 24A.230(1).

PART III — RESPONSE TO PLAINTIFF'S CLAIMS

Defendant responds to the substance of Plaintiff's claims as follows. Check the applicable response for each claim and provide an explanation where indicated.

Claim 1: [________________________________]

☐ Admitted. Defendant admits this claim in full.

☐ Denied. Defendant denies this claim. Reason: [________________________________]

☐ Denied for lack of information. Defendant lacks sufficient knowledge or information to admit or deny this claim and therefore denies it.

☐ Admitted in part; denied in part. Defendant admits: [________________________________]. Defendant denies: [________________________________].

Claim 2: [________________________________]

☐ Admitted. Defendant admits this claim in full.

☐ Denied. Defendant denies this claim. Reason: [________________________________]

☐ Denied for lack of information. Defendant lacks sufficient knowledge or information to admit or deny this claim and therefore denies it.

☐ Admitted in part; denied in part. Defendant admits: [________________________________]. Defendant denies: [________________________________].

Claim 3: [________________________________]

☐ Admitted. Defendant admits this claim in full.

☐ Denied. Defendant denies this claim. Reason: [________________________________]

☐ Denied for lack of information. Defendant lacks sufficient knowledge or information to admit or deny this claim and therefore denies it.

☐ Admitted in part; denied in part. Defendant admits: [________________________________]. Defendant denies: [________________________________].

Claim 4: [________________________________]

☐ Admitted. Defendant admits this claim in full.

☐ Denied. Defendant denies this claim. Reason: [________________________________]

☐ Denied for lack of information. Defendant lacks sufficient knowledge or information to admit or deny this claim and therefore denies it.

☐ Admitted in part; denied in part. Defendant admits: [________________________________]. Defendant denies: [________________________________].

(Add additional claim responses as needed to address all claims raised in the Complaint.)

General Denial

To the extent any allegation in the Plaintiff's Complaint is not expressly addressed above, Defendant denies each and every such allegation and demands strict proof thereof.

PART IV — DEFENDANT'S STATEMENT OF FACTS

Defendant states the following facts in response to Plaintiff's claims:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

(Describe the facts in your own words. Be specific about dates, amounts, communications, events, and any agreements. Attach copies of supporting documents — contracts, receipts, text messages, photographs, or letters — as exhibits.)

PART V — AMOUNT IN DISPUTE

1. Amount claimed by Plaintiff: $[________________________________]

2. Defendant's position on the amount:

☐ Defendant owes nothing to Plaintiff because [________________________________].

☐ Defendant owes less than the amount claimed. The correct amount, if any, is $[________________________________] because [________________________________].

☐ Defendant has already paid the full amount claimed. Payment of $[________________________________] was made on [__/__/____] by [________________________________] (describe method of payment).

☐ Defendant has partially paid the claimed amount. Payment of $[________________________________] was made on [__/__/____]. Remaining balance disputed: [________________________________].

PART VI — AFFIRMATIVE DEFENSES

Defendant asserts the following affirmative defenses without conceding any burden of proof not otherwise imposed by law. Under Kentucky CR 8.03, affirmative defenses not raised in an initial responsive pleading may be waived. Check all applicable defenses and provide brief supporting facts.

Defense 1: Failure to State a Claim

☐ The Complaint fails to allege facts sufficient to state a claim upon which relief can be granted under Kentucky law.

Defense 2: Statute of Limitations

☐ Plaintiff's claim is time-barred by the applicable statute of limitations, including but not limited to:

☐ KRS 413.160 / 413.090(2) — Written contract (10 years if executed after July 15, 2014; 15 years if executed on or before that date)

☐ KRS 413.120(1) — Oral contract (5 years)

☐ KRS 413.125 — Taking, detaining, or injuring personal property (2 years)

☐ KRS 413.140(1)(a) — Personal injury (1 year)

☐ KRS 355.2-725 — Sale of goods under UCC (4 years)

☐ Other: [________________________________]

Plaintiff's claim arose on or about [__/__/____] and was not filed within the applicable limitations period.

Defense 3: Payment and Full Satisfaction

☐ Any obligation owed to Plaintiff has been fully paid, satisfied, or discharged. Defendant paid $[________________________________] on [__/__/____] by [________________________________].

Defense 4: Accord and Satisfaction

☐ The parties entered into an agreement to resolve the claimed obligation, and Defendant has performed its obligations under that settlement agreement.

Defense 5: Set-Off / Recoupment

☐ Defendant is entitled to set off against any recovery by Plaintiff the sum of $[________________________________] that Plaintiff owes Defendant for [________________________________].

Defense 6: Failure of Consideration

☐ The obligation alleged by Plaintiff is unenforceable because consideration was absent, failed, or was insufficient.

Defense 7: Breach by Plaintiff

☐ Plaintiff materially breached the agreement at issue, excusing Defendant's performance, because [________________________________].

Defense 8: Lack of Standing

☐ Plaintiff lacks legal standing or capacity to bring this action because [________________________________].

Defense 9: Waiver

☐ By Plaintiff's own conduct or representations, Plaintiff waived the right to assert the claims alleged.

Defense 10: Estoppel

☐ Plaintiff is estopped from asserting the claims alleged because Plaintiff's prior conduct or representations caused Defendant to reasonably rely to Defendant's detriment.

Defense 11: Unjust Enrichment

☐ Plaintiff's recovery would result in unjust enrichment under the circumstances of this case.

Defense 12: Comparative Fault

☐ Any damages suffered by Plaintiff were caused in whole or in part by Plaintiff's own negligence or fault, which reduces or eliminates any recovery.

Defense 13: Statute of Frauds

☐ The alleged agreement is unenforceable under Kentucky's Statute of Frauds, KRS 371.010, because [________________________________].

Defense 14: Illegality / Void Agreement

☐ The alleged agreement is void or unenforceable because it is illegal or contrary to public policy.

Defense 15: Other Defenses

☐ [________________________________]

☐ Defendant reserves the right to assert additional defenses that become apparent through further investigation or as otherwise permitted by the Court.

PART VII — COUNTERCLAIM (OPTIONAL)

(Use the court's AOC-185 form to file any counterclaim; this section is a drafting aid for that form. Under KRS 24A.290, file the counterclaim with the clerk and deliver it to Plaintiff at least five (5) days before the hearing. A filing fee may be required. A counterclaim above $2,500 requires removal from the Small Claims Division under KRS 24A.310(1); complete Part VIII.)

A. Counterclaim Election

☐ No counterclaim. Defendant does not assert a counterclaim at this time.

☐ Counterclaim asserted. Pursuant to KRS 24A.290 and Kentucky CR 13, Defendant asserts the following counterclaim against Plaintiff.

B. Counterclaim Details

1. Counter-Plaintiff (Defendant above): [________________________________]

2. Counter-Defendant (Plaintiff above): [________________________________]

3. Amount of Counterclaim: $[________________________________]
   (If above $2,500, request the required removal under KRS 24A.310(1) in Part VIII.)

4. Basis for Counterclaim:

☐ Breach of contract

☐ Property damage

☐ Unjust enrichment / money had and received

☐ Money owed for goods or services provided

☐ Return of deposit or prepayment

☐ Other: [________________________________]

5. Statement of Facts Supporting Counterclaim:

On or about [__/__/____], [________________________________].

As a direct and proximate result of the above, Defendant/Counter-Plaintiff suffered damages in the amount of $[________________________________].

6. Supporting Documents: (attach copies)

☐ Contract or agreement dated [__/__/____]

☐ Receipts or invoices: [________________________________]

☐ Photographs or video: [________________________________]

☐ Text messages or emails: [________________________________]

☐ Other: [________________________________]

C. Relief Requested on Counterclaim

Defendant demands judgment against Plaintiff/Counter-Defendant in the amount of $[________________________________], together with:

☐ Pre- and post-judgment interest as allowed by Kentucky law

☐ Court costs as permitted under Kentucky law

☐ Such other relief as the Court deems just and proper

PART VIII — REMOVAL FROM SMALL CLAIMS DIVISION (OPTIONAL)

(Complete only if a statutory ground permits removal from small claims. A counterclaim above $2,500 and within the District Court limit ordinarily moves to the regular District Court docket; one above the District Court limit belongs in Circuit Court. KRS 24A.310(1); KRS 24A.120(1).)

☐ Defendant does not request removal at this time.

☐ Defendant's counterclaim exceeds the Small Claims Division's jurisdictional limit, so removal to the regular District Court docket or Circuit Court, as appropriate, is required under KRS 24A.310(1).

☐ Defendant requests a jury trial and gives this written notice at least seven (7) days before the hearing, so removal is required under KRS 24A.310(2) and KRS 24A.320(2).

Upon removal, Defendant understands that:

• This case will proceed under the regular Kentucky Rules of Civil Procedure;
• Attorney representation remains permitted;
• Filing fees and other costs may increase;
• The right to a jury trial may be available; and
• Normal appellate rights will be preserved.

PART IX — DOCUMENTS AND EVIDENCE

Defendant intends to present the following documents and evidence at the hearing:

☐ Written contract or agreement dated [__/__/____]

☐ Receipts, invoices, or billing statements: [________________________________]

☐ Photographs or video: [________________________________]

☐ Text messages, emails, or other written communications: [________________________________]

☐ Bank statements or canceled checks: [________________________________]

☐ Repair estimates or appraisals: [________________________________]

☐ Witness testimony from: [________________________________]

☐ Other: [________________________________]

(Bring originals and at least two (2) copies of all documents to the hearing — one for the Court and one for the Plaintiff.)

PART X — WITNESSES

Defendant intends to call the following witnesses at the hearing:

PART XI — PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

A. Dismiss the Complaint with prejudice and enter judgment in favor of Defendant on all claims;

B. Deny Plaintiff any relief requested in the Complaint;

C. Award Defendant costs as permitted under Kentucky law;

D. Enter judgment in Defendant's favor on the Counterclaim (if asserted) in the amount of $[________________________________], together with interest and costs; and

E. Grant such other and further relief as the Court deems just and equitable.

PART XII — VERIFICATION

I, [________________________________], being duly sworn or affirmed, state that the factual statements contained in this Answer are true and correct to the best of my knowledge, information, and belief.

☐ I am the Defendant and make this verification on my own behalf.

☐ I am an authorized officer or representative of [________________________________] (business entity name) with personal knowledge of the facts in dispute.

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Address: [________________________________]

City, State, Zip: [________________________________]

Phone: [________________________________]

Email: [________________________________]

COMMONWEALTH OF KENTUCKY, COUNTY OF [________________]

Sworn to or affirmed and subscribed before me by [NAME OF SIGNER] on [__/__/____].

[________________________________]

[NOTARIAL OFFICER'S NAME AND TITLE]

Notary commission number (if a notary public): [________________]

Commission expiration (if applicable): [__/__/____]

PART XIII — CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of this Answer (and Counterclaim, if applicable) upon Plaintiff as follows:

Plaintiff's Name: [________________________________]

Plaintiff's Address: [________________________________]

Method of Service:

☐ U.S. First-Class Mail, postage prepaid

☐ Certified Mail, Return Receipt Requested

☐ Hand Delivery / Personal Service

☐ Other: [________________________________]

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

KENTUCKY SMALL CLAIMS QUICK REFERENCE GUIDE

(For reference only — remove before filing)

Jurisdictional Limits

Key Statutes of Limitations (Kentucky)

Filing Fees (Verify with Court Clerk)

Hearing Day Tips

1. Arrive at least 15 minutes early.
2. Bring originals and two copies of all documents.
3. Dress professionally and address the judge as "Your Honor."
4. Speak clearly and stick to the relevant facts.
5. Do not interrupt the Plaintiff — you will have your opportunity to respond.
6. The judge may encourage the parties to reach a settlement before or during the hearing.
7. The judge's decision is typically announced at the hearing or mailed within a few days.

SOURCES AND REFERENCES

• KRS 24A.220–24A.310 — Small Claims Division, Kentucky District Court: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37154
• Kentucky Court of Justice — Small Claims Handbook: https://www.kycourts.gov/Legal-Help/Documents/P-6_Small_Claims_Handbook_25.pdf
• Kentucky Small Claims Complaint Form (AOC-175): https://www.kycourts.gov/Legal-Forms/Legal%20Forms/175.pdf
• Kentucky Small Claims Counter-Claim Form (AOC-185): https://www.kycourts.gov/Legal-Forms/Legal%20Forms/185.pdf
• Kentucky Rules of Civil Procedure — Rule 8, 12, 13: https://courts.ky.gov/rules/KentuckyRulesofCourt/Civil%20Rules.pdf
• KRS 413.090–413.140 — Kentucky Statutes of Limitations: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39354

This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed attorney before use.