Sued in Kentucky? You have 20 days to answer
District or Circuit Court: 20 days.
Checked against official sources: Oct 24, 2026. · Free letters and forms ↓
Count your answer deadline in Kentucky
Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.
Kentucky guides by topic
How to answer in Kentucky
Your deadline by court, the official form, fees and defenses.
Default judgment in Kentucky
What a default means and how to set it aside, with a calculator.
After a judgment in Kentucky
Wage garnishment, bank levies and how to claim an exemption.
Which court hears debt cases in Kentucky
District Court
Civil cases of $5,000 or less (not counting interest and costs). Many smaller credit card and medical debt cases are filed here.
Law: KRS 24A.120(1)
Circuit Court
Civil cases over $5,000. Larger credit card, personal loan and debt-buyer suits go here.
Law: KRS 24A.120(1) (District Court limit)
Small Claims Division of District Court
Claims of $2,500 or less. Collectors usually use the regular district court docket.
Law: KRS 24A.230(1)
How to answer in Kentucky
- How to answer
File a written defense (an Answer) with the Circuit Court Clerk in the county listed on the summons (the clerk handles both District and Circuit Court cases). Serve a copy of your Answer on each plaintiff, or on its lawyer, by mail, hand delivery or another method allowed by Civil Rule 5. You must also file a certificate of service saying when and how you served it; it can be filed with your Answer.
- If you can't pay the fees
Motion for Waiver of Costs and Fees and to Proceed In Forma Pauperis; Affidavit; Financial Statement; and Order (AOC-026). The court must let a 'poor person' defend a case without paying costs. https://www.kycourts.gov/Legal-Forms/Legal%20Forms/026.pdf
Law: KRS 453.190
- How you must be served
You must be served with the Civil Summons (AOC-105) and a copy of the complaint. The person who serves it fills in the return on the summons showing whom it was delivered to and when.
Law: Kentucky Civil Summons AOC-105 (citing CR 4.02, 5.01-5.05)
Law: Kentucky Civil Summons AOC-105 (rev. 8-26); KRS 453.190
Defenses to know in Kentucky
- Defenses in Kentucky law
Kentucky time limits that can be raised as a defense: 10 years for a written contract signed after July 15, 2014; 15 years for a written contract signed before then; 5 years for a contract not in writing or a merchant's store account. Kentucky has no special pleading rules for debt-buyer lawsuits.
Law: KRS 413.160; KRS 413.090(2); KRS 413.120
- Time limit to sue (written contract)
- 10 years · More on old debts at Debt Collector Map
If you missed the deadline in Kentucky
A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.
- What happens
If you do not file an Answer in time, a default judgment may be entered against you for what the complaint asks (AOC-105). The court uses a Default Judgment form (AOC-125). After judgment, the creditor can use garnishment or execution to collect.
- How to set it aside (cancel it)
File a written motion with the court that entered the judgment asking it to set aside the default judgment, explain why you did not answer, and state your defense. Kentucky Civil Rule 55.02 allows a default judgment to be set aside under Civil Rule 60.02. Act as soon as you learn of the judgment, because Rule 60.02 sets time limits.
Law: CR 55.02; CR 60.02; AOC-105; AOC-125
Count your deadline to set aside a default
If there is a judgment in Kentucky
A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.
- Interest after the judgment
6% a year, compounded annually, from the date the judgment is entered. If the judgment is on a contract, promissory note or other written obligation, it earns the interest rate set in that document.
Law: KRS 360.040(1), (3)
- How long it lasts
An action on a judgment can be brought within 15 years, counted from the date of the last execution on it.
Law: KRS 413.090(1)
Law: KRS 360.040; KRS 413.090(1)
Garnishment, bank levy and exemptions in Kentucky
Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.
- Wage garnishment (taking part of your pay)
Federal limit applies: up to 25% of disposable earnings, or the amount above 30 times the federal minimum wage a week, whichever is less. You get a Notice of Rights to Assert Exemption to Wage Garnishment (AOC-150). If you think your employer withheld too much, you have 13 days from the date on the paycheck to go to the Circuit Clerk's office and file an Affidavit to Challenge Garnishment (AOC-150.2); the clerk sets a hearing. The creditor's lawyer holds garnished money for 15 days to allow you to claim an exemption.
Law: KRS 427.010(2)
- Bank levy (freezing and taking money in your bank account)
The creditor gets an Order of Garnishment (Non-Wage) (AOC-150.1) served on your bank. The bank holds your money and must try to mail you a copy. Some funds may be exempt, including Social Security, workers' compensation, unemployment, public assistance/TANF, income tax refunds and some other government benefits, but you must claim and prove the exemption. If federal benefits such as Social Security are deposited directly into your account, the bank must protect up to two months of those deposits automatically (31 C.F.R. Part 212, cited on AOC-150.1).
- How to claim an exemption
For a bank or other non-wage garnishment: file a sworn, notarized request for a hearing on the Affidavit to Challenge Garnishment (AOC-150.2) with the clerk within 10 days of the garnishee's date of receipt shown on the order. The clerk notifies both sides of the hearing date, and the bank keeps holding the money until the hearing. For wages: file AOC-150.2 within 13 days of the payroll check date.
Law: AOC-150 (rev. 7-26); AOC-150.1 (rev. 11-20); AOC-150.2; KRS 425.501; KRS 427.010
These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: Kentucky
Count your deadline to claim an exemption
Free help in Kentucky
- Kentucky Court of Justice: Civil Legal Aid Programs
- KYJustice.org (free legal self-help from Kentucky legal aid)
- Find free legal help at LawHelp.org
Court self-help
Free letters and forms
Ask the plaintiff's lawyer for the debt documents
The contract, the chain of ownership and an itemization of what they claim.
Exemption claim cover letter
A letter to the court clerk to file with your exemption claim form.
Good to know in Kentucky
- Since the August 2026 summons form, you must serve a copy of your Answer on the plaintiff or its lawyer and file a certificate of service. (AOC-105, rev. 8-26)
- A judgment earns 6% interest a year compounded annually, unless it is on a written contract with its own rate. (KRS 360.040)
- To challenge a bank garnishment, you have only 10 days from the date the bank received the order. (AOC-150.1)
Changes in 2024–2026
2026: Senate Bill 219 (2026 Ky. Acts ch. 98) added a new section to KRS Chapter 425 that sets the minimum information an order garnishing your wages must contain; it also changed payday-loan rules. The Notice of Rights to Assert Exemption to Wage Garnishment (AOC-150) was revised in July 2026, and the Kentucky Civil Summons (AOC-105) was revised in August 2026 and now tells you to serve your Answer on each plaintiff or plaintiff's lawyer and file a certificate of service.
Federal rules in every state
- Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
- Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
- Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
- Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
- Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6
Questions about debt lawsuits in Kentucky
How long do I have to answer a debt lawsuit in Kentucky?
20 days after you receive the summons. The 20 days start the day after you were served.
How do I answer a debt lawsuit in Kentucky?
File a written defense (an Answer) with the Circuit Court Clerk in the county listed on the summons (the clerk handles both District and Circuit Court cases). Serve a copy of your Answer on each plaintiff, or on its lawyer, by mail, hand delivery or another method allowed by Civil Rule 5. You must also file a certificate of service saying when and how you served it; it can be filed with your Answer.
What if I can't afford the court fees in Kentucky?
Motion for Waiver of Costs and Fees and to Proceed In Forma Pauperis; Affidavit; Financial Statement; and Order (AOC-026). The court must let a 'poor person' defend a case without paying costs. https://www.kycourts.gov/Legal-Forms/Legal%20Forms/026.pdf
What happens if I don't answer in Kentucky?
If you do not file an Answer in time, a default judgment may be entered against you for what the complaint asks (AOC-105). The court uses a Default Judgment form (AOC-125). After judgment, the creditor can use garnishment or execution to collect.
Can I cancel a default judgment in Kentucky?
File a written motion with the court that entered the judgment asking it to set aside the default judgment, explain why you did not answer, and state your defense. Kentucky Civil Rule 55.02 allows a default judgment to be set aside under Civil Rule 60.02. Act as soon as you learn of the judgment, because Rule 60.02 sets time limits.
How much interest does a judgment add in Kentucky?
6% a year, compounded annually, from the date the judgment is entered. If the judgment is on a contract, promissory note or other written obligation, it earns the interest rate set in that document.
How long does a judgment last in Kentucky?
An action on a judgment can be brought within 15 years, counted from the date of the last execution on it.
Can my wages be garnished in Kentucky?
Federal limit applies: up to 25% of disposable earnings, or the amount above 30 times the federal minimum wage a week, whichever is less. You get a Notice of Rights to Assert Exemption to Wage Garnishment (AOC-150). If you think your employer withheld too much, you have 13 days from the date on the paycheck to go to the Circuit Clerk's office and file an Affidavit to Challenge Garnishment (AOC-150.2); the clerk sets a hearing. The creditor's lawyer holds garnished money for 15 days to allow you to claim an exemption.
Can a creditor take money from my bank account in Kentucky?
The creditor gets an Order of Garnishment (Non-Wage) (AOC-150.1) served on your bank. The bank holds your money and must try to mail you a copy. Some funds may be exempt, including Social Security, workers' compensation, unemployment, public assistance/TANF, income tax refunds and some other government benefits, but you must claim and prove the exemption. If federal benefits such as Social Security are deposited directly into your account, the bank must protect up to two months of those deposits automatically (31 C.F.R. Part 212, cited on AOC-150.1).
How do I claim an exemption in Kentucky?
For a bank or other non-wage garnishment: file a sworn, notarized request for a hearing on the Affidavit to Challenge Garnishment (AOC-150.2) with the clerk within 10 days of the garnishee's date of receipt shown on the order. The clerk notifies both sides of the hearing date, and the bank keeps holding the money until the hearing. For wages: file AOC-150.2 within 13 days of the payroll check date.
More help on our sister sites
Sources
- KRS 24A.120 District Court civil jurisdiction
- KRS 24A.230 Small claims jurisdiction
- KRS 360.040 Interest on judgments
- KRS 413.090 Fifteen-year limitation (judgments)
- KRS 413.160 Written contracts (10 years)
- KRS 453.190 Poor person may defend without costs
- KRS 425.501 Order of garnishment
- Kentucky Civil Summons AOC-105 (rev. 8-26)
- Default Judgment AOC-125
- Motion for Waiver of Costs and Fees (In Forma Pauperis) AOC-026
- Notice of Rights to Assert Exemption to Wage Garnishment AOC-150 (rev. 7-26)
- Order of Garnishment (Non-Wage) AOC-150.1
- Affidavit to Challenge Garnishment AOC-150.2
- Kentucky General Assembly, 2026 Senate Bill 219 (Acts ch. 98)
Last checked: Oct 24, 2026.
- Venue for debt collection suits, 15 U.S.C. 1692i
- Time-barred debts, 12 CFR 1006.26 (Regulation F)
- Default judgments and servicemembers, 50 U.S.C. 3931
- Restrictions on garnishment, 15 U.S.C. 1673
- Federal benefit payments in bank accounts, 31 CFR part 212
- CFPB: What should I do if I'm sued by a debt collector or creditor?