Ky. Cir. Ct. Clerks' Manual SMALL CLAIMS CASES

88 SMALL CLAIMS CASES

KRS 24A.200 - 24A.360

District Court

88.1 Fees

1. Upon receipt of AOC Form 175, (Small Claims Complaint), collect filing

fees as set forth in the Accounting Manual and give a receipt. Do not

apply the FILED stamp or process the petition until the filing fees are

paid.

NOTE: Jurisdictional limit in small claims is $2,500.00.

NOTE: There is no limit on the number of complaints and no affidavits

are required for claims brought by city, county, or urban county

governments. CR 5.05(4); KRS 453.010.

88.2 Complaint

1. Refer to Case Add section of the KyCourts Manual for instructions on

opening the case.

2. Assign a case number by generating the next case number in the

computer for district civil small claims S cases or use the next pre-numbered file folder. Use case type SC.

3. If the petitioner is seeking to proceed In Forma Pauperis, the complaint

must be accompanied by a Motion for Leave to Proceed In Forma

Pauperis and a supporting affidavit, or AOC Form 026. See Section 57

Motion for Leave to Proceed In Forma Pauperis for instructions on how

to process a Motion for Leave to Proceed In Forma Pauperis and the

tendered complaint. DO NOT proceed with the following steps unless

filing fees have been paid, In Forma Pauperis has been granted, or the

petitioner is the Commonwealth. See Section 57.

4. Apply the FILED stamp to the complaint; add the date and your initials.

5. Provide the petitioner a copy of the Small Claims Handbook. KRS

24A.350.

6. Assign a trial date by completing a scheduled event at least 20 days but

not more than 40 days after service of process. KRS 24A.280. The trial

date will appear on the summons.

Quick Reference

AOC Form 175

File, date, initial

S Cases

Case type SC

Schedule trial

Process Map

SMALL CLAIMS CASES

88.3 Summons

1. Issue a Small Claims Summons (AOC Form 180) and record the summons

using summons type SC. AOC Form 180

Summons type SC

2. Attach the complaint to the summons (and serve in the manner directed

by the plaintiff. KRS 24A.280(2). See Civil Summons and Service of

Process.

NOTE: Include a copy of the Small Claims Handbook along with service of

process. KRS 24A.350.

88.4 Counterclaim Quick Reference

1. Upon receipt of AOC Form 185, (Small Claims Counterclaim), collect filing AOC Form 185

fees if required as indicated below in fees.

2. If the petitioner is seeking to proceed In Forma Pauperis, the File, date, initial

counterclaim must be accompanied by a Motion for Leave to Proceed In Document Code CC

Forma Pauperis and a supporting affidavit, or AOC Form 026. See Section

57 Motion for Leave to Proceed In Forma Pauperis for instructions on

how to process a Motion for Leave to Proceed In Forma Pauperis and the

tendered counterclaim. DO NOT proceed with the following steps unless

filing fees have been paid, In Forma Pauperis has been granted, or the

petitioner is the Commonwealth. See Section 57.

3. Apply the FILED stamp to the counterclaim; add the date and your

initials.

4. File on a document screen using document code CC.

88.4.1 Fees

1. If the amount does not exceed $2,500.00, there is no filing fee.

2. If the amount is over $2,500.00 but does not exceed $5,000.00 (exclusive

of interest and costs), the case is then transferred to civil district court.

Collect filing fees as set forth in the Accounting Manual and give a

receipt. Do not apply the FILED stamp or process the counterclaim until

the filing fees are paid.

3. If the amount exceeds $5,000.00, collect filing fees as set forth in the

Accounting Manual and give a receipt. Do not apply the FILED stamp or

process the counterclaim until the filing fees are paid. The case is then

transferred to circuit court.

NOTE: No counterclaims will be stamped FILED or processed until the

filing fees are paid unless In Forma Pauperis is granted or or unless the

party is the Commonwealth. City and county governments are not

exempt from paying filing fees unless the action is filed in the name of

the Commonwealth. CR 5.05(4), KRS 453.010.

SMALL CLAIMS CASES

88.4.2 Transfer

1. Prepare AOC Form 122, (Transfer of Action). Apply the FILED stamp;

AOC Form 122

add the date and your initials. Enter on a document screen using

File, date, initial

document code NTA. Mail or hand-deliver a copy to all parties.

Document code

2. Close the case by completing the disposition date, disposition type of NTA

TRF and the judge at disposition fields on the screen. Make a notation Disposition type

of the transfer in the memo field of the case screen. TRF

3. Transfer the contents of the case file including a copy of the cash receipt

and the case history to the appropriate receiving court as set above in

number 2. Retain the original file folder and cash receipt and file in Transfer contents

numerical order with other Small Claims case files.

4. If the defendant requests a jury trial, collect the applicable transfer and

jury fee as set forth in the Accounting Manual. Apply the FILED stamp File, date, initial

to the request; add the date and your initials. File on a document screen

using document code REQ. KRS 29A.270, KRS 24A.310. Document code

REQ

88.4.3 Receiving Court

1. Upon receipt of the case history, apply the FILED stamp, add the date Quick Reference

and your initials. File, date, initial

2. Refer to Case Add section of the KyCourts Manual for instructions on

opening the case.

3. Assign a case number by generating the next case number as appropriate District Civil C or

for district civil C or Circuit Civil CI cases or use the next pre-numbered Circuit Civil CI cases

file folder.

4. File the record transferred as a single item on the document screen using Document code

document code RTRF. RTRF

5. Do not issue a summons.

88.5 Judgment/Order

1. Upon receipt of Small Claims Judgment AOC Form 190 or any other AOC Form 190

judgment, apply the ENTERED stamp; add the date and your initials. Enter, date, initial

Enter the order on a document screen using document type JSC. Document type JSC

2. Serve Notice of Entry on the parties by making a copy of the order that

has been stamped ENTERED and mail or hand deliver it to the parties or NOE

attorney. Make an entry on the document screen showing the manner

and date of the service of notice of entry of the order.

3. To close the case, complete the closing information on the case screen Close case

by adding the disposition date, disposition type, and the judge at

disposition.

SMALL CLAIMS CASES

88.6 Settlement Agreement

1. Upon receipt of AOC Form 199, (Small Claims Settlement Agreement),

AOC Form 199

apply the FILED stamp to the agreement; add the date and your initials.

File, date, initial

File on a document screen using document code ASET.

Document code

2. Serve notice of entry of the judgment on all parties. Enter the method of ASET

service (mail or personal delivery) and notice of entry date on the

NOE

document screen.

Enter method of

3. If a case is ordered closed, complete the disposition date, disposition service

type and judge disposition fields on the case screen.

SMALL CLAIMS CASES

88.7 Post Judgment

1. Upon receipt of AOC Form 197 (Small Claims Post Judgment Quick Reference

Interrogatories), apply the FILED stamp, add the date and your initials. AOC Form 197

Complete a document screen using document code INT. File, date, initial

Document code INT

NOTE: After 30 days if no response has been filed, the winning party may

complete AOC Form 198, (Small Claims Post Judgment Motion/Order AOC Form 198

Requiring Losing Party to Answer Interrogatories).

2. Upon receipt of AOC Form 198, (Small Claims Post Judgment

Motion/Order Requiring Losing Party to Answer Interrogatories), apply

the FILED stamp, add the date and your initials. Complete a Scheduled File, date, initial

Event/Motion Screen.

3. If the court grants the motion, file the order on a document screen using Document code

document code ORAI. Provide notice of entry to all parties. Make a ORAI

notation of the notice of entry on the document screen. NOE

4. Set a court date 30 days after entry of the order, by completing a

Scheduled Events Screen.

5. When a final order is received, apply the ENTERED stamp; add the date

Enter, date, initial

and your initials. Enter on a document screen and give notice of entry on

NOE

all parties. Make a notation of the notice of entry on the document

screen.

88.8 Motion for Satisfaction of Judgment

1. Upon receipt of AOC Form 191 (Motion for Satisfaction of Judgment), AOC Form 191

apply the FILED stamp, add the date and your initials. Complete a File, date, initial

Scheduled Events screen.

2. Upon receipt of AOC Form 191.1 (Order Entry of Satisfaction of AOC Form 191.1

Judgment), apply the ENTERED stamp; add the date and your initials. Enter, date, initial

3. Complete a document screen using document code SAT. Document code

SAT

4. Give notice of entry to all parties and make a notation of the notice of

entry on the document screen. NOE

88.9 Appeals

An appeal of a small claims judgment is an appeal from district to circuit

court. For more information see Appeals. KRS 24A.340.