Litigation in Kentucky: Courts, Deadlines and Collecting a Judgment
In a Kentucky lawsuit the first decisions are mechanical: District or Circuit Court, and whether the deadline has already run. Injury and defamation claims carry 1 year here, and winning a judgment is only half the job, because collection runs through a separate set of statutes.
William J. Brown, our Managing Partner, is admitted in Kentucky and before the U.S. District Court for the Eastern District of Kentucky.
Which court, which deadline, and what a judgment is worth
District Court has exclusive jurisdiction over civil cases of $5,000 or less, except title to real estate and equity matters (KRS 24A.120). Its small claims division takes claims up to $2,500 but allows no prejudgment attachment, garnishment or replevin (KRS 24A.230). Circuit Court is the court of general jurisdiction (KRS 23A.010).
Deadlines run from accrual. A 1-year period covers injury to the person, libel and slander, malicious prosecution and malpractice claims against physicians and hospitals (KRS 413.140). A 5-year period covers trespass, fraud, oral contracts and other injury not arising on contract (KRS 413.120). A written contract executed after July 15, 2014 carries 10 (KRS 413.160). When more than one party is at fault, the jury allocates a percentage to each, including released persons, and the award follows those findings (KRS 411.182). A judgment bears 6% interest compounded annually unless a written contract sets a rate (KRS 360.040).
A money judgment becomes a lien on real estate in a county only after the creditor files a notice of judgment lien with the county clerk and mails the debtor a notice reprinting the homestead statute (KRS 426.720). If an execution comes back unsatisfied, a discovery proceeding can reach property held by third parties (KRS 426.381). The debtor's exemptions, including the $5,000 homestead exemption, apply throughout (KRS 427.060).
Deadline and Forum Review
Which limitation period applies, and whether the case belongs in District Court, Circuit Court or federal court.
Civil Claims and Defense
Representation of plaintiffs and defendants in contract, property and fault-allocation disputes.
Judgment Collection
Judgment lien notices under KRS 426.720, executions, and discovery proceedings under KRS 426.381.
Exemptions and Garnishment Defense
Asserting homestead, personal property and wage exemptions under KRS chapter 427.
How long do I have to file a lawsuit in Kentucky?
It depends on the claim: 1 year for injury to the person and defamation (KRS 413.140), 5 years for fraud, trespass and oral contracts (KRS 413.120), and 10 years for a written contract executed after July 15, 2014 (KRS 413.160). The clock runs from when the claim accrues.
What is the small claims limit in Kentucky?
$2,500, excluding interest and costs (KRS 24A.230). The division does not allow prejudgment attachment, garnishment or replevin. District Court has exclusive jurisdiction up to $5,000 (KRS 24A.120); larger claims go to Circuit Court.
Can a creditor garnish my wages in Kentucky?
After a judgment, yes, but no more than 25% of weekly disposable earnings and never more than the amount above 30 times the federal minimum hourly wage (KRS 427.010). Support orders, Chapter 13 bankruptcy orders and tax debts are exceptions.
How long is a Kentucky judgment good for?
An action on a judgment must be brought within 15 years, counted from the last execution (KRS 413.090). A lien on real estate also requires a notice filed with the county clerk (KRS 426.720).
Facing a lawsuit or a judgment in Kentucky?
The first consultation is confidential, and we respond within one business day.