Hannah Locklear | June 24, 2024
Fact-checked by George Simons, JD/MBA
George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD/MBA. In his spare time, George likes to cook, because he likes to eat.
Summary: If you're being sued for a debt in Kentucky, you have 20 days to respond before you lose by default. You should respond to the lawsuit with a written Answer where you reply to each allegation listed in the Complaint and assert your affirmative defenses. You can use SoloSuit's Answer form to draft your response in just 15 minutes.
Receiving a Kentucky Civil Summons for a debt is a bummer, but you're not alone. According to the Urban Institute, 32% of Kentuckians have debt in collections, which is well above the national average of 26%.
If you feel like chucking your Kentucky summons in the trash, hold up a minute. The best way to give yourself a fighting chance in court isn't to ignore your Summons but to take action and respond. Even though you have debt, you still have rights under Kentucky debt collection laws, and you could see many positive outcomes in court, including not having to pay your debt at all.
Want to make the response process a little easier? SoloSuit can help you create an Answer to your Kentucky Summons and Complaint, have it reviewed by an attorney, and file it.
The best part? It takes just 15 minutes.
Before we get into the details of answering your Summons and Complaint, let's make sure you fully understand a Civil Summons in KY and how it works.
Sued for debt in Kentucky? SoloSuit can help you file an Answer into your case before the 20-day deadline.
Start my Answer.A civil case is a type of legal case that handles legal actions between private individuals, whereas criminal cases handle cases in which a crime has been committed. Therefore, all debt lawsuits are considered civil cases because no crime has been committed.
Kentucky Civil Summons is an official form used to notify a party that legal action has been taken against them. This document is usually accompanied by a Complaint document, which lists the specific claims being made in the lawsuit.
The Summons form includes information such as:
You're probably wondering, “What is a plaintiff? What is a defendant?” Well, the plaintiff is the person or company who initiated the lawsuit and is suing someone else. The defendant, on the other hand, is the person being sued. So, if you are being sued for a debt you owe, you are the defendant in your case.
Both the plaintiff and defendant must follow the Kentucky civil rules for their case to be valid. For example, the plaintiff must file paperwork indicating they served the defendant with the suit, while the defendant must respond to the suit within the deadline determined by the state.
So, how long do you have to answer your Civil Summons in KY, and how do you go about it? Below, we break it down for you.
In Kentucky, you have 20 days after receiving a Summons and Complaint to file an Answer under Kentucky Rules of Civil Procedure 12.01. More specifically, the law states:
“A defendant shall serve his/her answer within 20 days after service of the summons upon him/her.”
Learning that you are being sued can be intimidating, and many people react by wanting to bury their heads in the sand. However, once you have been served a Summons or Complaint, you have no choice but to address the issue.
If you aren't sure whether you've received a Kentucky Civil Summons, here's what it could look like.
We can't stress enough how important it is to respond before the deadline. If you miss it, you automatically lose your case. After 20 days, the creditor or debt collector can request a default judgment against you, and the court will most likely grant it. With a default judgment, they can garnish your wages or put liens on your properties.
Even if there is an error in your debt collection Summons and Complaint, don't ignore it. Regardless of the reason you failed to meet the deadline, you'll have to pay the debt stated in the Complaint if you don't file an Answer. When you respond within the 20-day deadline, there's a great chance you could win your case.
Let's take a look at an example.
Example: Fred and Jane owe approximately $5,000 in debt to the same company. As a coincidence, they are served on the same day. Jane immediately takes action and uses SoloSuit to draft and file her Answer. Fred chooses to ignore the Summons because he doesn't know what else to do. Jane then discovers that her original debt was only $2,900 and that other information in the lawsuit is incorrect. She ends up settling her debt for $2,000 on a payment plan. Unfortunately, the same mistakes were made with Fred's account. However, since he never filed an Answer, the debtor is able to get a default judgment against Fred for the full $5,000.
The fastest way to create an Answer to a Summons and Complaint is to use SoloSuit's Answer form. To fill out the form, you just respond to a series of questions about your case, and you'll have a completed Answer in under 15 minutes.
If you'd rather create an Answer on your own, here is a general Kentucky Answer form you can use to respond. The basic format of Kentucky's form is pretty similar to SoloSuit, but you just have to fill in all the blanks on your own instead. You can always fill this form out by yourself, but using SoloSuit's form makes it easier to respond with the proper legal language and wording.
Woohoo! There are no fees to file an Answer to a Complaint against you in the state of Kentucky. However, if you plan to file other types of documents into a lawsuit, there may be filing fees involved.
Click here to learn more about Kentucky's civil filing fees.
When a creditor files a debt collection lawsuit against you in Kentucky, they will serve you with a Summons and Complaint. It may arrive in person or by mail, delivered by a sheriff, constable, or court-appointed special bailiff.
Before you start drafting your Answer, go through your Kentucky Summons and Complaint to ensure you have the information you'll need. These documents should contain the following, which you will need to draft your Answer document:
Make sure to include all this information at the top of your Answer document. This is known as “styling,” and it is standard legal practice for this document. Double-check that you accurately included all the information. Then you can start working on your Answer.
Once you've reviewed the Summons and Complaint, follow these three steps to respond to the debt collection lawsuit:
We know there's a lot of legal jargon in here. Don't worry. We'll explain the process in detail below. Don't like reading? Check out this video instead:
If you're concerned about completing the process correctly, that's totally normal. SoloSuit is here to make responding to a debt lawsuit easier and to help you get it right.
In case you're feeling overwhelmed by the legal terms, an Answer is simply a response to the allegations listed in the Complaint document. When you look at the Complaint, you can identify the allegations because they show up as a list of numbered paragraphs.
The first section of your Answer document should include a list of responses that correspond with the numbered allegations from the Complaint. Generally, you need to enter a response for each allegation. You can answer in one of three ways:
It's best to respond to each allegation individually, because if you leave any unanswered, the court will consider it an admission.
Most attorneys recommend that you deny as many allegations as possible. At this stage of the lawsuit, the burden of proof is not on you. So when you deny a claim, the plaintiff has to do more work to prove that it is true. If they don't have the proper documentation or evidence to prove their claims, they might choose to dismiss the case instead.
SoloSuit helps you respond with the right language.
As you're responding to allegations, keep in mind that Kentucky allows you to amend your Answer, but it must be in good faith (for an honest and legitimate reason). According to Kentucky Rules of Civil Procedure 15.01, you can amend your Answer within the first 20 days after receiving the Kentucky Civil Summons and Complaint. If 20 days have already passed, you can request for a written permission from the plaintiff OR permission from the court (also known as “leave of court”) to amend.
Because amending a response means more work and stress for you, it's best to read through the allegations slowly and provide answers you feel are truthful and accurate the first time.
The next section of your Answer should be where you state your affirmative defenses.
Affirmative defenses are an essential part of your Answer because they provide reasons the collector should lose the case. There is a wide range of defenses, but only some will apply in a debt collection case.
Here is a list of common affirmative defenses to use in a debt lawsuit:
SoloSuit can help you make the right affirmative defenses.
Now that your Answer is complete, all that's left is to file it with the court and send a copy to the plaintiff's lawyer. This step is incredibly important. If your Answer isn't received by both parties by the deadline, a default judgment could be entered and you may have to pay the debt in full.
To file your answer on your own, follow these three steps:
SoloSuit can also file your Answer for you in all 50 states.
Be careful about getting the mailing address of the court right, sometimes the address may not be clear on your Kentucky Summons. In fact, the mailing address of your court may even be different from the physical address of the courthouse.
It's an excellent idea to spend the extra bucks and send your Answer via USPS Certified Mail. Make sure to request a confirmation receipt and make copies of everything so you have proof that your Answer arrived.
Whether you’ve been sued for debt or not, you can settle debt in Kentucky. Paying in full is ideal, but if you can’t, settling is your best option. Do your best to settle before your debt lawsuit reaches its conclusion and you have a judgment against you.
A judgment lets a creditor garnish your wages, take money from your bank account, and possibly even seize and sell your property. If you’ve gotten a notice of a debt lawsuit, you need to do three things:
Responding to your lawsuit by the deadline is a must, even if you choose to settle. If you ignore the notice of a lawsuit, you might as well be admitting you owe the debt. When you send an Answer on time, that means the lawsuit can continue. And as long as the lawsuit is active, you have time to settle.
If you need to respond to a Summons, get started on your Answer letter right now.
Before you start negotiating, you need a plan. More specifically, you need to know what you can reasonably afford to pay to settle. In nearly every case, you need a lump sum to settle. Most creditors aren’t going to agree to a payment plan because of the risk of default. At SoloSuit, we usually suggest starting by offering 60% of the debt.
However, you shouldn’t start negotiating with the maximum amount you can pay. A creditor is most likely going to counteroffer at least once, and you want to leave room to negotiate up if possible.
It may take some time to reach an agreement with your creditor. Remember to be patient and polite — creditors aren’t obligated to settle with you, and if you’re unpleasant, they’ll probably shut things down entirely.
Once you have a settlement offer, get it in writing first! The most important part of this agreement is a clause saying that when the creditor accepts the sum, they’re forfeiting any rights to come after you for the remainder of the initial debt balance.
Ready to settle? SoloSettle from SoloSuit makes it easy.
For more information on how to negotiate in order to settle your debt in Kentucky, check out these tips from a licensed consumer rights attorney in the video below.
The Kentucky statute of limitations on debt collections is 10 years in most cases. After 10 years, the creditor no longer has the legal grounds to to sue you. Once the statute of limitations expires, your debt should also be removed from your credit report. If, on the other hand, you have medical debt, under Kentucky medical debt collection laws there is usually a written contract, which means you could be looking at a 15-year statute of limitations.
Unfortunately, the statute of limitations won't stop creditors and debt collectors from suing you. They're counting on you being ignorant. Think about it; most people have never even heard of the statute of limitations, and they're hoping you fall under this umbrella. This is why you should always check the statute of limitations on your debt before responding to your case.
Remember, when you make payments on a debt account, it restarts the clock on the statute of limitations. So, when a debt collector contacts you, investigate the debt before handing over your money. If you don't, you might end up paying for a debt that is no longer valid.
The table below lists Kentucky's statutes of limitations on different types of debt:
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 |
Source: Ky. Rev. Stat. § 413.090 and § 413.160 |
One of the favorite tactics of some of the shadier debt collectors is to try to collect debt (and even sue for debt) after the statute of limitations has passed. This is why you should know Kentucky statute of limitations on debt before you take any steps to respond to a debt collector.
The countdown to the statute of limitations begins with the last payment you make on an account. For instance, if you haven’t paid a credit card for four years and then you make a payment, that means the creditor now has another five years to sue you for the debt.
Somewhat confusingly, while a debt collector cannot sue you for a debt after the statute of limitations has passed, the debt can still remain on your credit report, meaning it can impact your credit score, your ability to secure credit, and sometimes even harm your ability to find a place to live.
Fortunately, the debt will not stay on your report forever. A federal law called the Fair Credit Reporting Act (FCRA) limits the time that most debt can appear on your credit report to seven years.
After seven years, the debt should come off your credit report. Since the creditor cannot sue, you might think you’re in the clear. This is mostly true. However, the creditor you did not repay is usually well within their rights to deny you another line of credit. To understand how this works, let’s look at an example.
Example: John owes Kentucky Credit Card Company $1,000 on a card that he stopped paying four years ago. The company doesn’t sue him in time, so John decides to wait for the statute of limitations to expire. After five years, he can’t be sued. John isn’t planning to apply for any kind of credit anytime soon, so instead of paying, he decides to wait two more years for the debt to come off his report. Later, he applies for another account with Kentucky Credit Card Company. However, the company says that because he defaulted on a debt and didn’t repay, it will not be issuing him any more credit cards.
Debt collectors often bank on consumers not knowing their rights. And unfortunately, during the collection process, many consumers' rights are violated without them even knowing. If you’re dealing with a Kentucky debt collector, always know your rights!
Kentucky debt collection laws are largely in line with a federal law called the Fair Debt Collection Practices Act (FDCPA). These are some of the most important provisions you should know:
You already know that the more debt you have hanging over your head, the more stressful life can get. That’s why it’s a good idea to programs for debt relief in Kentucky and implement your own debt repayment strategies. Here are a few programs in Kentucky that can help you get out of debt:
If your income is too high, you might not qualify for these, but you have other options:
Debt consolidation loans can make repayment less stressful. They let you roll all or some of your monthly payments into a single monthly payment. They also typically have much lower interest rates than many kinds of debt, including credit cards.
However, keep in mind that not everyone will qualify for these loans. You usually must have good (or at least fair) credit to get one.
If you own a home, you might be able to use it to pay off your debt! HELOCs (home equity lines of credit) work like credit cards secured by your home, and home equity loans work like personal loans secured by your home. This keeps interest rates low — but it also means that if you can’t pay, the lender can take your home.
While it might not technically be debt relief, creating a debt repayment plan can help you make better progress and feel more confident in your ability to make it to a debt-free life. You can create any strategy you want, but these are two strategies that work for many:
Regardless of what strategy you choose, be very wary of companies that claim to be able to dramatically reduce the debt you owe but charge you an upfront fee. Many of these are scams that either reduce your debt very little or not at all.
Finally, one of the most effectives types of debt relief is student loan forgiveness.
Any kind of debt can cause problems. But in recent years, the rising cost of college tuition combined with a very slow rise in wages means that more people are struggling with student debt. If you live in Kentucky and meet certain requirements, you might qualify for total or partial student loan relief through KHESLC.
KHESLC offers multiple student debt forgiveness programs. If you are experiencing financial hardship, you might be able to have up to $17,500 of your loan forgiven if you meet these criteria:
There are also programs to forgive more specific types of loans:
Before applying for any KHESLC program, always be sure to carefully review eligibility requirements. You’ll also need to gather appropriate documentation.
Settling your debt with a collector is often less stressful than dealing with a lawsuit. But if you find you’ve been sued for a debt, you can still settle — as long as you check the status of your court case in Kentucky and don’t miss any important dates! One of the best ways to do this is to make sure you can access your case’s complete records. There are two methods for this: online or in person.
This is by far the easiest way to access your case. You should almost always be able to find your case online using KYeCourts, Kentucky’s online database. If you know both your case number and the county where the case originated, you can search with those criteria. If you don’t know these pieces of information, you can search with one of these:
In some cases, a search will give you a huge list of cases. The more search filters you’re able to apply, the faster you’ll find your case.
Although the KYeCourts is generally up-to-date, you may run into a problem where you can’t find your records. If that happens, you can find the address of your local court and visit in person.
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 kinds of income (like Social Security and disability payments) cannot be garnished. However, 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 is the same as that allowed by federal law. The maximum your wages can be garnished per week is the lesser of these two:
“Disposable income” is the income you have left after subtracting taxes.
So, how do you avoid wage garnishment? Do your best to resolve your debt before it makes it into the courtroom. You don’t have to worry about garnishment happening overnight.
First, a creditor or collector will repeatedly send you letters and call you to collect. You can contact the creditor at this point to start a payment plan or otherwise work out the debt. If you continually ignore the creditor/collector’s communications, they may then sue you. At this point, you must respond to the lawsuit and attempt to settle the debt.
However, if you do nothing and the lawsuit goes through court, you’ll probably get a default judgment against you. That’s what lets a creditor or collector garnish your wages.
Like all U.S. states, the state of Kentucky has several government-funded organizations that offer free legal services to state residents.
Here are the existing organizations in Kentucky and their contact information:
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
Ask a Question.In some cases, the court address may not be clear on your Kentucky Summons. In that case, you can use the Kentucky Justice Court website to find the address of the court you are looking for. Just use the dropdown menu under "About the Courts" to select your court jurisdiction, then use the dropdown menu under counties to select the county in which you live. Keep in mind that the mailing address and the physical address are sometimes different. To make things easy, you can let SoloSuit file for you.
If you are completing this process on your own and need help, you can contact the Kentucky Administrative Office of the Courts (Kentucky AOC) here.
And if you're ready to start drafting and filing an Answer to your debt Summons in Kentucky, find your local court below to move forward with it.
Answering your KY Civil Summons does not have to be an arduous task or a time-consuming ordeal affair. SoloSuit can alleviate the stress of going through this process by using our professionally drafted Answer.
If you do not want your case to be heard in court, SoloSuit's Motion to Compel Arbitration can help you request the creditor to settle out of court. Watch this video on how to navigate through our SoloSuit App.
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
Here's a list of guides on how to respond to a debt collection lawsuit in each state:
Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.
Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.
Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.
If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.
Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.
Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.
Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.
We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.
Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.
Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.
Statute of Limitations on Debt Collection by State (Best Guide)
Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.
Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.
Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.
Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.
We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.
Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.
Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.
You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.