The Small Claims Division of District Court in each Kentucky county settles disputes involving money or personal property valued at $2,500 or less. The $2,500 limit does not include interest and court costs. The jurisdiction for the Small Claims Division is found in KRS 24A.230.
judgment in a small claims case is a court order that is legally enforceable. It entitles a winning party to receive money awarded by the court. The judge may order the losing party to pay the winning party a sum of money or to fix any damaged goods. The judge may give the losing party additional time to satisfy the judgment.
This type of individual is considered “judgment-proof ” and there is no way to immediately collect your judgment.
If there has been no execution but the judgment has been satisfied (e.g., paid), the party or his or her attorney receiving satisfaction should enter “Satisfaction in full” (and sign and date it) upon the margin of the judgment or execute and file a document styled “Satisfaction of Judgment.”
If you disagree with the judge’s decision, you may choose to appeal the case. A Notice of Appeal must be filed with the Oce of Circuit Court Clerk to appeal the case to Circuit Court. A filing fee is required for the appeal.
The Kentucky Oce of Attorney General is required to prepare an informational pamphlet on the Small Claims Division of District Court. KRS 24A.350(1). The Kentucky Administrative Oce of the Courts is pleased to join the OAG in providing this handbook on the small claims process.
You can then institute an action to enforce the judgment lien. In your petition you must list liens held on the property by others and make them defendants in the lawsuit. If you are successful, the court will order sale of the property.
One of the main benefits of the Small Claims Court is that there is no obligation on your part to recruit legal representation. If you want to, you can, but bear in mind that you will have to pay their fees, even if you win.
To recover a security deposit. To recover unpaid rent after a tenant vacates a property. To recover for medical bills after an injury accident. To recover money spent to repair or replace damaged or destroyed personal property. To recover a relatively small, unpaid debt.
Small claims courts have an upper limit on the amount of money that a party can claim. You can sue for up to $10,000, if you are an individual or a sole proprietor. Corporations and other entities are limited to $5,000.
While the small claims court process may be easy, getting the money if you win the judgment is not always a sure thing. Here are some tips to help you win your case and get paid for your claim. Small claims courts may only be used if the claim is under a specific dollar amount, which varies by state.
For Monetary Compensation. You can litigate against an entity who has committed some negligent action through which you suffer an injury. For Protecting Your Property. For Replacing a Trustee. For Getting a Divorce. For Enforcing the Terms of a Contract. For Discrimination and Harassment.
If your dispute is for slightly more than the limit, it may still be worth it to file a small claims suit.You won't be able to sue for the full amount, but you'll avoid the expense of a regular lawsuit. The small claims filing fee varies from state to state.
It might not be worth making a claim if it's going to cost you almost as much as you're claiming. You'll have to pay a fee to make a claim.If you're getting benefits or have a low income, you might get the fees reduced or not have to pay any. Check if you can get help with court fees on GOV.UK.
To appeal, a party must file an appeal bond in the Small Claims Court within 21 days from the date of the judgment. The new trial will be held before another judge or jury as if the case had never been tried in the Small Claims Court.
If the Defendant in spite of being received the notice of the trial, does not appear in the court, the Judge is authorized to grant a default judgment against the Defendant. If the Plaintiff does not appear at the trial, then the Judge may enter an order dismissing the case. The Plaintiff and Defendant must bring to Court that day any evidence. Proceedings in Small Claims Court are less formal than in other civil courts. If it is a jury trial, the jury will deliver the verdict. If the Defendant wins, the Plaintiff will recover no money and must pay the court costs.