Default judgment in Kentucky: how to set it aside
What a default judgment means and how to ask the court to set it aside, with a deadline calculator.
Checked against official sources: Oct 24, 2026.
Short answer
A default judgment means the court decided against you because you didn't answer. 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.
- Time to answer
- 20 days
If you didn'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.
How to set aside a default 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.
Law: CR 55.02; CR 60.02; AOC-105; AOC-125
Count your deadline to set aside a default
Interest and how long it lasts in Kentucky
- 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)
If you are in the military
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)
Steps after a default in Kentucky
Read the judgment
Get the judgment from the clerk; the date on it starts your time limits.
Move fast
Kentucky's rule: 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.
Give your reason and your defense
Courts usually ask for a good reason and a real defense.
Know what can be taken
See what is protected: After a judgment in Kentucky.
Ask for free help
Ask for free help: Kentucky Court of Justice: Civil Legal Aid Programs and KYJustice.org (free legal self-help from Kentucky legal aid).
Where to get free help in Kentucky
Questions about default judgments in Kentucky
How many days do I get to answer in Kentucky?
20 days after you receive the summons. The 20 days start the day after you were served.
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.
How long do I have to undo a default 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.
More for Kentucky
Sources
- CR 55.02; CR 60.02; AOC-105; AOC-125
- 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)
- 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.