DocDraft Logo

Kentucky Answer to a Complaint

Kentucky gives you 20 days to answer a complaint after the summons is served under Ky. R. Civ. P. 12.01. File on time or the plaintiff can take a default.

Introduction

A Kentucky Answer to a Complaint is the written response you file with the clerk of the Circuit Court or District Court after you are served with a summons and the plaintiff's complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. Under Ky. R. Civ. P. 12.01, a defendant shall serve the answer within 20 days after the service of the summons. That deadline is the calendar-day count, since 20 days is more than 7, so the short-period weekend exclusion in Ky. R. Civ. P. 6.01 does not apply. Kentucky has no statewide answer form. You type the answer on a pleading that complies with the caption format of Ky. R. Civ. P. 10.01 and file it with the clerk of the court named in the summons. Miss the deadline and the plaintiff can apply for a default judgment under Ky. R. Civ. P. 55.01. DocDraft drafts a Kentucky-formatted answer from your facts, with attorney review available before you file.

0/5000

Key Things to Know

  1. 1

    Your deadline is 20 days after service. Under Ky. R. Civ. P. 12.01, a defendant shall serve the answer within 20 days after the service of the summons. Because 20 days is more than 7, the short-period weekend and holiday exclusion in Ky. R. Civ. P. 6.01 does not apply, so these are calendar days.

  2. 2

    There is no statewide answer form. Kentucky does not mandate an answer form. You type the answer on a pleading that complies with the caption format in Ky. R. Civ. P. 10.01 and file it with the clerk of the court named in the summons.

  3. 3

    The court depends on the amount. General civil cases are heard in the District Court for claims up to $5,000 and in the Circuit Court for claims over $5,000. Caption your answer for the court named in the summons.

  4. 4

    Small claims requires no written answer. In the Small Claims Division of the District Court, for claims up to $2,500, no formal pleading is required under KRS 24A.300(1). The clerk's summons directs you to appear at the hearing, and if you fail to appear under KRS 24A.280(2) judgment may be entered against you.

  5. 5

    An eviction case has no separate written answer deadline. In a forcible detainer (eviction) action, the warrant gives the tenant at least 3 days' notice of the trial under KRS 383.210(1), and because 3 days is under 7, Ky. R. Civ. P. 6.01 excludes weekends and holidays. The tenant's obligation is to appear at the trial, not to file a written answer.

  6. 6

    There is no fee to file an answer, and a waiver exists. The fee to file an answer is $0. If you cannot afford other court costs, you can file form AOC-026 to proceed in forma pauperis if you are unable to pay without depriving yourself or your dependents of necessities.

  7. 7

    A related claim may be compulsory. Under Ky. R. Civ. P. 13.01, a counterclaim arising out of the same transaction or occurrence as the plaintiff's claim is compulsory and should be filed with your answer. The statute of limitations on a written contract is 10 years under KRS 413.160.

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

[CIRCUIT COURT / DISTRICT COURT] OF [COUNTY] COUNTY, KENTUCKY

[PLAINTIFF NAME], Plaintiff, v. Case No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

ANSWER OF DEFENDANT [DEFENDANT NAME]

Defendant [DEFENDANT NAME], for the answer to the Complaint of Plaintiff [PLAINTIFF NAME], states as follows.

I. RESPONSES TO ALLEGATIONS

  1. Defendant [admits / denies / is without knowledge or information sufficient to form a belief as to the truth of and therefore denies] the allegations of paragraph 1 of the Complaint.
  2. Defendant [admits / denies / is without knowledge or information sufficient to form a belief as to the truth of and therefore denies] the allegations of paragraph 2 of the Complaint. [Continue for each numbered paragraph of the Complaint.]

II. AFFIRMATIVE DEFENSES [State each affirmative defense you intend to rely on, for example: the claim is barred by the 10-year statute of limitations on a written contract under KRS 413.160; payment; accord and satisfaction; statute of frauds; res judicata; estoppel; fraud; waiver.]

III. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under Ky. R. Civ. P. 13.01 a counterclaim arising out of the same transaction or occurrence is compulsory and should be filed with this answer.]

IV. PRAYER WHEREFORE, Defendant demands that the Complaint be dismissed, that Plaintiff take nothing, that Defendant recover costs, and that the Court grant all other relief to which Defendant is justly entitled.

Respectfully submitted,

[SIGNATURE] [DEFENDANT NAME], Pro Se [ADDRESS / PHONE / EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] a copy of this Answer was served on [PLAINTIFF / PLAINTIFF'S ATTORNEY] under Ky. R. Civ. P. 5.02, by [delivering a copy / mailing it to the last known address / electronic service]. [SIGNATURE]

Kentucky Requirements for Answer to a Complaint

20-Day Answer Deadline

In a general civil case, Ky. R. Civ. P. 12.01 provides that a defendant shall serve the answer within 20 days after the service of the summons. Because 20 days is more than 7, the short-period exclusion in Ky. R. Civ. P. 6.01 does not apply, so these are calendar days. In the Small Claims Division no written answer is required and you appear at the hearing instead.

No Statewide Form, Typed Pleading

Kentucky does not mandate a statewide answer form. Type the answer on a pleading that complies with the caption format in Ky. R. Civ. P. 10.01. The answer admits or denies the allegations of the complaint and states any affirmative defenses you intend to rely on.

Court Caption

Caption the answer for the court named in the summons, which for general civil cases is the District Court for claims up to $5,000 or the Circuit Court for claims over $5,000, and for small claims up to $2,500 is the Small Claims Division of the District Court. Include the court, the county, the case number, and the parties' names under Ky. R. Civ. P. 10.01.

File With the Court Clerk

Under Ky. R. Civ. P. 5.05, file your answer with the clerk of the court named in the summons, either before service on the plaintiff or within a reasonable time thereafter. Electronic filing is available in many Kentucky courts.

Serve a Copy on the Plaintiff

Under Ky. R. Civ. P. 5.02, serve a copy of your answer on the plaintiff or their attorney by delivering a copy to them, by mailing it to their last known address, or via electronic service if elected, and keep proof of service.

No Answer Fee, Waiver Available

The fee to file an answer in Kentucky is $0. If you cannot afford other court costs, file form AOC-026, a Motion for Waiver of Costs and Fees and to Proceed In Forma Pauperis, based on being unable to pay without depriving yourself or your dependents of the necessities of life.

Affirmative Defenses

State each affirmative defense you intend to rely on, such as statute of limitations, payment, accord and satisfaction, statute of frauds, res judicata, estoppel, fraud, laches, or waiver. The statute of limitations on a written contract is 10 years under KRS 413.160.

Compulsory Counterclaim If Any

Under Ky. R. Civ. P. 13.01, a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and should be filed with your answer, or you can lose the right to bring it later. A claim from a different transaction may be raised as a permissive counterclaim.

Frequently Asked Questions

In a general civil case, Ky. R. Civ. P. 12.01 provides that a defendant shall serve the answer within 20 days after the service of the summons. Because 20 days is more than 7, the short-period exclusion in Ky. R. Civ. P. 6.01 does not apply, so these are calendar days. The obligation differs in other tracks. In the Small Claims Division, no written answer is required and you appear at the hearing in the summons, and in a forcible detainer (eviction) action the warrant gives at least 3 days' notice of the trial, where you appear rather than file an answer. Missing your deadline can lead to a default judgment.

Kentucky does not mandate a statewide answer form. You type the answer on a pleading that complies with the caption format in Ky. R. Civ. P. 10.01, with the names of the court, the parties, the case number, and a title. The answer admits or denies the allegations of the complaint and states any affirmative defenses you intend to rely on, and it can include a counterclaim if you have a related claim against the plaintiff.

File your answer with the clerk of the court named in the summons. General civil cases are heard in the District Court for claims up to $5,000 and in the Circuit Court for claims over $5,000, while small claims up to $2,500 are heard in the Small Claims Division of the District Court. Under Ky. R. Civ. P. 5.05 you file with the clerk, and electronic filing is available in many Kentucky courts.

The fee to file an answer in Kentucky is $0. If you cannot afford other court costs, you can file form AOC-026, a Motion for Waiver of Costs and Fees and to Proceed In Forma Pauperis. Eligibility is based on being unable to pay the costs without depriving yourself or your dependents of the necessities of life, and the form is filed with the same court that is hearing your case.

Under Ky. R. Civ. P. 55.01, a party entitled to a judgment by default may apply to the court for it, and if you have appeared in the action you are entitled to written notice of the application. You may be able to set the judgment aside under Ky. R. Civ. P. 60.02 within a reasonable time, and not more than one year, by showing good cause such as mistake, inadvertence, surprise, or excusable neglect. Filing on time is the reliable path.

Yes, and you may be required to. Under Ky. R. Civ. P. 13.01, a counterclaim is compulsory if it arises out of the same transaction or occurrence as the plaintiff's claim, and it should be filed with your answer or you can lose the right to bring it later. A claim arising from a different transaction may be raised as a permissive counterclaim. The statute of limitations on a written contract in Kentucky is 10 years under KRS 413.160.