How to Answer a Summons for Debt Collection in Kentucky (2025)
If you've been served with a debt collection summons in Kentucky, you must respond within 20 days or face a default judgment. File an Answer that denies allegations and asserts affirmative defenses like expired statute of limitations to protect yourself from wage garnishment and property liens.
Answer Your SummonsReceiving a Kentucky Civil Summons for debt is stressful. You’re not alone, though. According to the Urban Institute, 32% of Kentuckians have debt in collections. That’s well above the national average of 26%.
Don’t throw your Kentucky summons in the trash. The best way to fight back is to respond within the deadline. You still have rights under Kentucky debt collection laws. You could win your case and not pay the debt at all.
Respond to Your Kentucky Debt Summons in 15 Minutes
Don't let the 20-day deadline pass. Use our partner Solo to draft your Answer with proper legal language, get attorney review, and file it correctly before time runs out.
Start Your Answer NowOur partner Solo can help you create an Answer in just 15 minutes. You can get it reviewed by an attorney and filed properly.
What is a Civil Summons in KY?
A civil case handles legal actions between private individuals. Criminal cases involve actual crimes. All debt lawsuits are civil cases because no crime occurred.
A Kentucky Civil Summons officially notifies you that legal action has been taken. The Summons comes with a Complaint document. The Complaint lists the specific claims made against you.
The Summons form includes:
- The plaintiff’s name (the creditor suing you)
- The defendant’s name (that’s you)
- The case file number
- The court hearing the case
- Attorney names
- Instructions on how to respond
Both parties must follow Kentucky civil rules. The plaintiff must prove they served you properly. You must respond within the state’s deadline.
Respond Before the 20-Day Deadline
In Kentucky, you have 20 days after receiving a Summons to file an Answer. Kentucky Rules of Civil Procedure 12.01 is clear: “A defendant shall serve his/her answer within 20 days after service of the summons upon him/her.”
Missing the deadline means you automatically lose. After 20 days pass, the creditor can request a default judgment. The court will almost always grant it. With a default judgment, they can garnish your wages. They can put liens on your property.
Even if there’s an error in your Summons, don’t ignore it. Respond within 20 days no matter what. When you respond on time, you have a real chance to win.
Example: Fred and Jane both owe $5,000 to the same company. They’re served on the same day. Jane uses our partner Solo to draft and file her Answer immediately. Fred ignores the Summons because he doesn’t know what to do. Jane discovers her original debt was only $2,900. Other information in the lawsuit is incorrect too. She settles for $2,000 on a payment plan. Fred’s account has the same mistakes. But since he never filed an Answer, the creditor gets a default judgment for the full $5,000.
Use a Kentucky Answer to Summons Form
The fastest way to create an Answer is using a professional form. Our partner Solo walks you through a series of questions about your case. You’ll have a completed Answer in under 15 minutes.
You can also use a general Kentucky Answer form. The basic format is similar, but you fill in all the blanks yourself. Using a professional service makes it easier to respond with proper legal language.
Kentucky Charges No Fee to File an Answer
Good news! There are no fees to file an Answer in Kentucky. However, if you file other types of documents later, fees may apply.
Follow These Steps to Respond
When a creditor files a lawsuit against you in Kentucky, they’ll serve you with papers. These may arrive in person or by mail. A sheriff, constable, or court-appointed special bailiff delivers them.
Before drafting your Answer, review your Summons and Complaint. You’ll need this information:
- Your first and last name (defendant)
- Plaintiff’s name (the creditor or collector)
- Plaintiff’s attorney information
- Physical addresses of both parties
- Court information and address
- Case number
- Debt amount
Include all this information at the top of your Answer. Double-check everything for accuracy. Then start working on your response.
Follow these three steps to respond:
- Answer each allegation in the Complaint
- Include affirmative defenses
- File the Answer with the court and send a copy to the plaintiff’s attorney
Step 1: Answer Each Allegation
An Answer is your response to allegations listed in the Complaint. The allegations appear as numbered paragraphs.
The first section of your Answer should correspond with those numbered allegations. You can respond in three ways:
- Admit (“This is true”)
- Deny (“Prove it”)
- Deny due to lack of knowledge (“I don’t know”)
Respond to each allegation individually. Unanswered allegations are considered admitted.
Most attorneys recommend denying as many allegations as possible. The burden of proof is on the plaintiff, not you. When you deny a claim, they must prove it. If they lack proper documentation, they might dismiss the case.
Kentucky allows you to amend your Answer within the first 20 days. After that, you need written permission from the plaintiff or the court. Read through allegations carefully and answer accurately the first time.
Step 2: Include Affirmative Defenses
Affirmative defenses provide reasons the collector should lose the case. Here are common defenses for debt lawsuits:
- Expired statute of limitations: The Kentucky statute of limitations on debt is 10 years after your last payment. If you haven’t paid in 10+ years, the creditor can’t legally sue you.
- Incorrect debt amount: Use this if the amount listed is wrong or you already paid.
- Canceled contract: Use this if you canceled the contract but they’re still charging you.
- Stolen or mistaken identity: Use this if the debt isn’t yours or someone stole your identity.
- No relationship to the creditor: If a collection agency bought your debt, they must prove they own it.
Step 3: File Your Answer
Once your Answer is complete, file it with the court. Send a copy to the plaintiff’s attorney too. If your Answer doesn’t reach both parties by the deadline, a default judgment could be entered.
To file on your own:
- Make two copies of your Answer
- Mail one copy to the court
- Mail one copy to the plaintiff’s attorney
Be careful about getting the court’s mailing address right. The mailing address may differ from the courthouse’s physical address.
Send your Answer via USPS Certified Mail. Request a confirmation receipt. Make copies of everything so you have proof of delivery.
Settle Debt in Kentucky
Whether you’ve been sued or not, you can settle debt in Kentucky. Paying in full is ideal. If you can’t, settling is your best option. Try to settle before the lawsuit concludes and you have a judgment against you.
A judgment lets a creditor garnish your wages. They can take money from your bank account. They can possibly seize and sell your property.
Respond to Your Lawsuit First
Responding by the deadline is critical, even if you plan to settle. If you ignore the lawsuit, you’re admitting you owe the debt. When you send an Answer on time, the lawsuit continues. As long as it’s active, you have time to settle.
Make a Plan and Negotiate
Before negotiating, know what you can afford to pay. In nearly every case, you need a lump sum. Most creditors won’t agree to payment plans because of default risk.
Start by offering 60% of the debt. Don’t start with your maximum amount. Creditors will likely counteroffer at least once. Leave room to negotiate up.
Get Everything in Writing
Reaching an agreement may take time. Be patient and polite. Creditors aren’t obligated to settle with you. If you’re unpleasant, they’ll shut down negotiations.
Once you have a settlement offer, get it in writing first. The agreement must state that accepting the sum forfeits any rights to collect the remaining balance.
Kentucky Statute of Limitations on Debt
The Kentucky statute of limitations on debt collection is 10 years in most cases. After 10 years, creditors can’t legally sue you. Once it expires, the debt should be removed from your credit report.
For medical debt, there’s usually a written contract. That means a 15-year statute of limitations under Kentucky medical debt collection laws.
The statute of limitations won’t stop creditors from suing you, though. They’re counting on you being ignorant. Most people have never heard of the statute of limitations. They hope you fall into this group.
Always check the statute of limitations before responding to your case. When you make payments on a debt account, it restarts the clock. Before paying anything, investigate whether the debt is still valid.
| Debt Type | Deadline |
|---|---|
| Credit Card | 10 years |
| Medical | 10 years |
| Student Loan | 10 years |
| Auto Loan | 10 years |
| Mortgage | 10 years |
| Personal Loan | 10 years |
| Judgment | 15 years |
Some debt collectors try to collect after the statute of limitations has passed. Know Kentucky’s statute of limitations before taking any action.
The countdown begins with the last payment you made. If you haven’t paid a credit card for four years, then make a payment, the creditor has another six years to sue.
After the statute expires, collectors can’t sue you. But the debt can still appear on your credit report. It can impact your credit score and your ability to secure credit. It can even harm your ability to find housing.
The Fair Credit Reporting Act (FCRA) limits most debt on your credit report to seven years. After seven years, it should come off your report.
Kentucky Debt Collection Laws Protect You
Debt collectors often bank on consumers not knowing their rights. During the collection process, many rights get violated without people knowing. If you’re dealing with a Kentucky debt collector, know your rights!
Kentucky debt collection laws align largely with the Fair Debt Collection Practices Act (FDCPA). Here are the most important provisions:
- Debt collectors may not use deceptive practices to collect debts
- They may not threaten violence or harass you
- They may not call early in the morning or late at night
- You have the right to ask a collection agency to validate your debt
- If a collector violates laws, you can sue for damages
Find Debt Relief in Kentucky
The more debt hanging over your head, the more stressful life gets. Look into programs for debt relief in Kentucky. Implement your own debt repayment strategies too.
Here are programs in Kentucky that can help:
- Kentucky Homeownership Protection Center: Offers assistance to homeowners facing foreclosure
- National Foundation for Credit Counseling: Connects you to non-profit debt counselors
- Child Care Assistance Program for Families: Helps working parents pay for child care
- Kentucky Transitional Assistance Program (KTAP): Offers financial assistance and job training for parents
- Supplemental Nutrition Assistance Program (SNAP): Helps supplement food budgets for low-income people
If your income is too high for these programs, you have other options.
Use Debt Consolidation Loans
Debt consolidation loans can make repayment less stressful. They let you roll multiple payments into a single monthly payment. They typically have much lower interest rates than credit cards.
Not everyone will qualify, though. You usually need good or fair credit to get one.
Apply for HELOCs or Home Equity Loans
If you own a home, you might use it to pay off debt. HELOCs (home equity lines of credit) work like credit cards secured by your home. Home equity loans work like personal loans secured by your home.
These keep interest rates low. But if you can’t pay, the lender can take your home.
Create a Repayment Plan
Creating a debt repayment plan can help you make better progress. You’ll feel more confident in your ability to reach a debt-free life. Here are two strategies that work for many:
- Avalanche Strategy: Start with your highest-interest debts
- Snowball Strategy: Start with your smallest debts
Be wary of companies claiming they can dramatically reduce your debt for an upfront fee. Many are scams that reduce your debt very little or not at all.
Apply for Kentucky Student Loan Forgiveness
Rising college costs combined with slow wage growth mean more people struggle with student debt. If you live in Kentucky and meet certain requirements, you might qualify for student loan relief through KHESLC.
KHESLC offers multiple forgiveness programs. If you’re experiencing financial hardship, you might have up to $17,500 forgiven if you meet these criteria:
- You have Federal Family Education Loans (FFEL), Federal Perkins Loans, or Kentucky Higher Education Student Loans (KHESLC)
- You’ve made at least 48 on-time monthly payments
- Your loan is current and isn’t in default
There are also programs for specific types of loans:
- Teacher Loans: You might be eligible if you teach in low-income areas or educational service agencies
- Closed School Loan Discharge: You might qualify if your school closed when you were enrolled or soon after you withdrew
- Total and Permanent Disability Discharge: You may qualify if you have a total and permanent disability preventing you from working
- Public Service Loan Forgiveness: You might qualify if you work in certain public service jobs and have made at least 120 payments
Before applying for any KHESLC program, carefully review eligibility requirements. Gather appropriate documentation.
Check Your Kentucky Court Case Status
Settling debt with a collector is often less stressful than dealing with a lawsuit. But if you’ve been sued, you can still settle. Just make sure you check your court case status and don’t miss important dates.
Accessing Records Online
You can almost always find your case online using KYeCourts, Kentucky’s online database. If you know your case number and the county, you can search with those. If you don’t know these, you can search with:
- Your driver’s license number
- Your first and last name and date of birth
- Your first and last name
- Your Social Security number (this search might not always be available)
- The county of the lawsuit origin and a range of dates
A search will sometimes give you a huge list. The more filters you apply, the faster you’ll find your case.
Accessing Records in Person
Although KYeCourts is generally up-to-date, you may not find your records online. If that happens, you can find the address of your local court and visit in person.
Stop Wage Garnishment in Kentucky
In any state, wage garnishment is incredibly hard to stop once it starts. The best way to stop wage garnishment in Kentucky is to prevent it. Some income (like Social Security and disability payments) cannot be garnished.
While many states prohibit garnishment of retirement benefits or pensions, Kentucky allows these wages to be garnished.
If your wages are garnished in Kentucky, the maximum weekly garnishment follows federal law. The maximum per week is the lesser of these two:
- The disposable income left after subtracting 30 times the federal minimum wage ($7.25)
- 25% of your disposable income
“Disposable income” is the income left after subtracting taxes.
How do you avoid wage garnishment? Resolve your debt before it reaches the courtroom. You don’t have to worry about garnishment happening overnight.
First, a creditor will repeatedly send you letters and call you. You can contact the creditor at this point to start a payment plan. If you continually ignore their communications, they may sue you. At this point, you must respond to the lawsuit and attempt to settle.
If you do nothing and the lawsuit goes through court, you’ll probably get a default judgment. That’s what lets a creditor garnish your wages.
Utilize Kentucky Legal Aid Organizations
Kentucky has several government-funded organizations that offer free legal services to state residents.
Here are the existing organizations in Kentucky:
- Appalachian Research and Defense Fund of Kentucky
- Kentucky Legal Aid
- Legal Aid of the Bluegrass
- Legal Aid Society (Louisville area)
Find Your Kentucky Court Locations
In some cases, the court address may not be clear on your Kentucky Summons. You can use the Kentucky Justice Court website to find the address. Just use the dropdown menu under “About the Courts” to select your court jurisdiction. Then use the dropdown menu under counties to select your county.
Keep in mind that the mailing address and physical address are sometimes different. To make things easy, our partner Solo can file for you.
If you need help, contact the Kentucky Administrative Office of the Courts (Kentucky AOC).