How To Answer a Debt Collection Summons in Kentucky

You can fight back when sued for debt in Kentucky. Responding promptly protects your rights and increases your chances of winning.

32% of Kentuckians have at least one debt in collection. You aren’t alone in struggling with debt.

Understanding Debt Collection Lawsuits in Kentucky

Debt collectors may file a lawsuit when phone calls and mail don’t work. Kentucky handles these cases in two types of courts.

Circuit courts hear cases involving debts over $5,000. District courts handle cases with debts of $5,000 or less. The small claims division of district court handles debts of $2,500 or less.

Each Kentucky court has its own local rules. Read your court paperwork carefully to identify which court is hearing your case.

What You’ll Receive When Sued

You’ll receive two important documents: a summons and a complaint.

The summons notifies you that a lawsuit has been filed. It tells you the deadline to respond and which court will hear your case. Small claims summons include a hearing date, time, and place.

The complaint outlines the claims against you. It lists how much the collector thinks you owe and why. The complaint also states what the collector wants from the lawsuit.

Most collectors want a court-ordered money judgment. The judgment may include the debt amount, interest, and legal costs.

How To Respond to Your Kentucky Summons

Your response depends on which court is hearing your case.

Circuit Court or District Court Cases

You must file an answer form within 20 days of receiving your summons. Failing to respond could result in an automatic loss. Your answer must include any affirmative defenses or counterclaims.

If you need help responding but can’t afford a lawyer, our partner Solo can guide you through the process. They’ve helped 280,000 people respond to debt lawsuits successfully.

Small Claims Court Cases

You don’t have to file a written answer in small claims court. Instead, you must appear on your scheduled court date. Bring evidence to support your defense.

Even if you’re not filing an answer form, understanding how to prepare your defense is crucial.

Completing Your Answer Form

You need an answer form for circuit or district court cases. The answer form explains your side and presents your defenses.

The Appalachian Research and Defense Fund offers a helpful sample answer form with instructions.

Step 1: Address Each Allegation

Respond to every claim in the complaint. You have three response options:

• Admit the statement is true
• Deny the statement is true
• Claim lack of knowledge about whether the statement is true

Match your responses to the numbered paragraphs in the complaint. If only part of a statement is true, deny the entire statement.

Step 2: List Your Affirmative Defenses

Include specific legal reasons why you shouldn’t be held responsible. You can write these defenses in plain English.

Common affirmative defenses include:

• Statute of limitations: The debt is too old to sue. Kentucky’s statute is typically 5-10 years for credit card and medical debt.
• Discharge in bankruptcy: The debt was included in a bankruptcy filing.
• Payment: You already paid the debt. Bring proof of payment to court.
• Mistaken identity: The debt isn’t yours.

Step 3: Complete the Certificate of Service

You must send a copy of your answer to the plaintiff. Sending your response might convince them to drop the lawsuit.

Mail the copy to the plaintiff or their attorney using certified mail. Keep your return receipt as proof of mailing.

Step 4: File Your Answer Within 20 Days

Make two copies of your completed answer form. File the original with the court. Send one copy to the plaintiff. Keep one for your records.

File your answer within 20 days of receiving the summons. You can file in person at the court clerk’s office. Ask for stamped copies for your records.

You can also e-file through KYeCourts. Some courts accept mailed answer forms. Call the court clerk to confirm your options.

What Happens After You Respond

Procedures vary by county in Kentucky. Some circuit court judges require mediation before trial. Check the local rules or ask the court clerk about next steps.

Preparing for Court

Preparation reduces stress and improves your chances of success. Follow these best practices:

• Arrive early for your hearing
• Speak respectfully to everyone in the courtroom
• Dress professionally
• Organize and bring copies of relevant documents
• Support your defenses with evidence

Consequences of Ignoring the Lawsuit

Taking action is the most important thing you can do. Ignoring the lawsuit won’t make it disappear.

You’ll likely lose by default judgment. The court can then order wage garnishment, bank account levies, or property liens against you.

Debt collectors expect you to ignore the lawsuit. Responding gives you a fighting chance to win. Sometimes a response alone convinces the collector to drop the case.

Don’t give them an easy win. Our partner Solo can help you fight back against the lawsuit.

Fighting a Default Judgment

You can file a motion to vacate if a default judgment was already ordered. Vacating means canceling the judgment.

Courts may grant the motion if you show good cause. Good cause means a valid reason for missing the deadline.

Filing a motion means submitting a formal request to the court. Speak with the court clerk about your situation and options.

Clerks can’t give legal advice but can explain the process. Consider seeking legal help to contest the judgment.

Legal Resources in Kentucky

You have access to helpful resources throughout Kentucky:

• Legal Self-Help from the Kentucky Court of Justice offers guides and online resources
• The Small Claims Handbook details how to navigate small claims complaints
• The Kentucky Court of Justice website has information on courts, self-help guides, and court programs
• Kentucky Legal Aid can connect you with free or low-cost legal assistance