Sued by a debt collector in Kentucky
About 20 days: that is the usual time to answer a debt lawsuit in Kentucky. Below: default, defenses, what you can lose and the steps.
Short answer
Kentucky's deadline is shorter than in most states, so act fast. 20 days after you are served; the 20 days start the day after service. If you do not file an Answer, a default judgment may be entered against you. Too old? Kentucky allows 10 years to sue on a written contract, and an older debt can be a defense.
- Time to answer
- 20 days
- Time limit to sue (written contract)
- 10 years
- Court self-help
- Official page
The answer deadline in Kentucky
- Time to answer
- 20 days after you are served; the 20 days start the day after service. You file the written Answer with the circuit court clerk in the county on the summons. (Kentucky civil summons AOC-105, rev. 8-26)
- Court self-help
- Kentucky court self-help (official)
Kentucky gives 20 days, shorter than most of our 48 state guides (14 to 30 days).
In nearby states
- Indiana: 20 days
- Ohio: 28 days
- West Virginia: 20 days
- Virginia: Date on the summons
Missing the deadline in Kentucky
If you do not file an Answer, a default judgment may be entered against you. You must also send a copy of your Answer to the plaintiff (or its lawyer) and file a certificate of service saying how and when you sent it. (Kentucky civil summons AOC-105)
If the collector broke the law in Kentucky
Kentucky has no separate debt collection act. The Kentucky Consumer Protection Act bans unfair, false, misleading or deceptive acts in trade (KRS 367.170). A person who bought or leased goods or services for personal, family or household use and lost money or property because of such an act can sue for actual damages, punitive damages where appropriate, and the court may award lawyer fees and costs (KRS 367.220(1), (3)).
If the collector wins in Kentucky
- Wage limit: Federal limit applies: up to 25% of disposable earnings, or the amount above 30 times the federal minimum wage a week, whichever is less.
- Property: Your home (or burial plot) is protected only up to $5,000, and not against a debt that existed before you bought it (KRS 427.060).
Good to know before court in Kentucky
- Kentucky's time limit to sue on a written contract is long: 10 years for contracts signed after July 15, 2014, and 15 years for older ones. (KRS 413.160; 413.090(2))
Old debts as a defense in Kentucky
Kentucky's time limit to sue is 10 years for written contracts and 5 years for open accounts (KRS 413.160 (10 years for a written contract signed after July 15, 2014); KRS 413.090(2) (15 years for a written contract signed before then); KRS 413.120(1), (9) (5 years for a contract not in writing or a merchant's store account)). Under federal law, a collector must not sue or threaten to sue you on a debt that is too old to sue on (12 CFR 1006.26(b)).
What to do if you are sued in Kentucky
Confirm the case with the court
Call or search the court yourself; don't use contact details from the papers.
Count the days
In Kentucky: 20 days after you are served; the 20 days start the day after service.
Send in your answer
File it with the court clerk and send a copy to the collector's lawyer. Start with Kentucky court self-help (official).
List your defenses
Is it yours, is the amount right, did you pay, is it older than Kentucky's 10 years for written contracts?
Show up in court
Bring your papers. Meanwhile you can still send a dispute letter to make the collector prove the debt.
Where to get free help in Kentucky
Questions about debt lawsuits in Kentucky
What is the deadline to respond to a collection lawsuit in Kentucky?
20 days after you are served; the 20 days start the day after service. You file the written Answer with the circuit court clerk in the county on the summons. (Kentucky civil summons AOC-105, rev. 8-26)
What if I miss the deadline to answer in Kentucky?
If you do not file an Answer, a default judgment may be entered against you. You must also send a copy of your Answer to the plaintiff (or its lawyer) and file a certificate of service saying how and when you sent it. (Kentucky civil summons AOC-105)
Can I use the statute of limitations as a defense in Kentucky?
Kentucky's time limit to sue is 10 years for written contracts and 5 years for open accounts (KRS 413.160 (10 years for a written contract signed after July 15, 2014); KRS 413.090(2) (15 years for a written contract signed before then); KRS 413.120(1), (9) (5 years for a contract not in writing or a merchant's store account)). Under federal law, a collector must not sue or threaten to sue you on a debt that is too old to sue on (12 CFR 1006.26(b)).