How to Respond to a Lawsuit in Kentucky: Answer a Summons (2026)

Reviewed by DocDraft Legal Team. Kentucky. Last updated 2026-06-02

In Kentucky, a defendant served with a civil summons and complaint generally has 20 calendar days to file a written answer under Kentucky Civil Rule 12.01 (CR 12.01), which directs that a defendant shall serve an answer within twenty days after the service of the summons. Because the period is longer than seven days, intermediate weekends and legal holidays are counted under CR 6.01, so this is a calendar-day deadline. Two tracks work differently and require no written answer at all. In a small claims case in the Small Claims Division of the District Court, no formal pleading is required under KRS 24A.300; the clerk sends a summons directing the defendant to appear at a hearing set not less than 20 nor more than 40 days after service, and under KRS 24A.280 a judgment may be entered if the defendant fails to appear. An eviction (forcible detainer) is also not a written-answer track: under KRS 383.210 the warrant must give the tenant at least 3 days' notice of the time and place of the trial, and because that period is under seven days CR 6.01 excludes intermediate Saturdays, Sundays, and legal holidays, making it 3 court days. The tenant's obligation is to appear at the trial, not to file a paper answer. A response to a divorce or dissolution petition is due within 20 days under CR 12.01, applied through the Family Court Rules of Procedure and Practice. If you miss a deadline where an answer is required, the court can enter your default under CR 55.01 and enter a default judgment, which you can later move to set aside within a reasonable time and not more than one year under CR 60.02.

How long do I have to respond to a lawsuit in Kentucky?

It depends on the track. For a general civil complaint, Kentucky Civil Rule 12.01 gives you 20 calendar days after the summons is served to serve a written answer. A small claims case requires no written answer; the clerk's summons directs you to appear at a hearing set 20 to 40 days after service under KRS 24A.280. An eviction warrant gives at least 3 court days' notice of the trial, where the tenant appears rather than filing an answer.

How do I respond to a civil summons in Kentucky?

You respond by filing a written answer with the clerk of the District or Circuit Court named in the summons, then serving a copy on the plaintiff or the plaintiff's attorney under Kentucky Civil Rule 5.02. There is no fee to file an answer, and eFiling is available in many Kentucky courts. The answer admits or denies each numbered allegation of the complaint and states your defenses.

What happens if I don't answer a summons in Kentucky?

If you do not respond by your deadline in a case that requires an answer, Kentucky Civil Rule 55.01 lets a party entitled to a default judgment apply to the court for one. The court can then enter a default judgment granting what the complaint requests. You may move to set the default aside within a reasonable time, and not more than one year, under Civil Rule 60.02 for mistake, inadvertence, surprise, or excusable neglect.

How do I answer a summons without an attorney in Kentucky?

Self-represented defendants can file an answer themselves. Kentucky does not mandate a statewide civil summons answer form, so you type your answer on standard pleading paper with the court, parties, and case number in the caption under Civil Rule 10.01. File it with the clerk of the court named in the summons, serve the plaintiff under Civil Rule 5.02, and request a fee waiver on form AOC-026 if any cost applies.

Kentucky response framework at a glance

Kentucky's response rules turn first on which track your case is in. A general civil complaint is governed by Kentucky Civil Rule 12.01 (CR 12.01), which directs that a defendant shall serve an answer within twenty days after the service of the summons. Because 20 days is longer than the seven-day threshold in CR 6.01, intermediate weekends and legal holidays are counted, so the answer is due in 20 calendar days. Small claims is different. In the Small Claims Division of the District Court, which hears claims up to $2,500, KRS 24A.300 requires no formal pleadings, so no written answer is filed. Instead the clerk sends the defendant a summons directing an appearance at a hearing set not less than 20 nor more than 40 days after service, and KRS 24A.280 provides that if the defendant fails to appear, judgment may be entered against him. Eviction is also not a written-answer track. Under KRS 383.210, a forcible detainer (eviction) warrant must give the tenant at least 3 days' notice of the time and place of the trial. Because that period is under seven days, CR 6.01 excludes intermediate Saturdays, Sundays, and legal holidays, making it 3 court days, and the tenant's obligation is to appear at the trial. A response to a dissolution petition is due within 20 days under CR 12.01, applied through the Family Court Rules of Procedure and Practice, because the respondent is served with a summons and KRS Chapter 403 does not displace the general answer period. Answers are filed with the clerk of the court named in the summons under CR 5.05 and served on the plaintiff under CR 5.02. The Kentucky Court of Justice website at www.kycourts.gov is the official source for the AOC-105 Civil Summons, the AOC-026 fee-waiver motion, and other forms defendants need.

Court Resources

Kentucky Court of Justice. AOC-105 Civil Summons

Official Kentucky civil summons form, which states the operative deadline verbatim: unless a written defense is made within 20 days after the paper is delivered, a default judgment may be taken for the relief demanded in the complaint.

Kentucky Court of Justice. AOC-026 Motion for Waiver of Costs and Fees

The in forma pauperis motion a defendant can file to ask the court to waive costs and fees, based on being unable to pay without depriving the defendant or dependents of the necessities of life.

Kentucky Revised Statutes Chapter 24A. District Court jurisdiction and small claims

Official General Assembly statute page explaining District Court jurisdiction and the Small Claims Division, used to confirm the $2,500 small claims cap and that a small claims defendant appears at a hearing rather than filing a written answer.

Relevant Laws

Kentucky Civil Rule 12.01 (20-Day Answer)

Provides that a defendant shall serve an answer within 20 days after the service of the summons. This is the standard general civil answer deadline in Kentucky, counted in calendar days, and the AOC-105 Civil Summons states the same 20-day default-judgment deadline verbatim.

KRS 24A.280 (Small Claims. Appear at the Hearing)

Provides that the clerk notifies the small claims defendant by sending a summons directing the defendant to appear at the time set for hearing, and that if the defendant fails to appear, judgment may be entered. A small claims defendant files no written answer and instead appears in person.

KRS 24A.300 (No Formal Pleadings in Small Claims)

Provides that no formal pleadings other than the claim and notice, and a counterclaim and notice if appropriate, are required in the Small Claims Division, so a small claims defendant files no written answer.

KRS 383.210 (Forcible Detainer. 3 Days' Notice of Trial)

Requires that the forcible detainer (eviction) warrant give the tenant at least 3 days' notice of the time and place of the trial. Because the period is under seven days, Civil Rule 6.01 excludes intermediate Saturdays, Sundays, and legal holidays, making it 3 court days, and the tenant appears at the trial rather than filing an answer.

Kentucky Civil Rule 55.01 (Default and Default Judgment)

Provides that a party entitled to a judgment by default applies to the court for it, opening the door to a default judgment when a defendant fails to answer. The AOC-105 Civil Summons warns that a default judgment may be taken if no written defense is made within 20 days.

Kentucky Civil Rule 60.02 (Relief From Judgment. Set Aside Default)

Allows a court to relieve a party from a judgment for grounds such as mistake, inadvertence, surprise, or excusable neglect, on a motion made within a reasonable time and, for those grounds, not more than one year after the judgment.

KRS 413.160 (Ten-Year Limit on Written Contracts)

Sets the ten-year statute of limitations for an action on a written contract not otherwise limited, a key defense to check in debt-collection lawsuits before filing an answer.

Regional Variances

Answer deadline by case track in Kentucky

General civil complaint (Kentucky Civil Rule 12.01)

20 calendar days after the summons is served to serve a written answer. The period is counted in calendar days because it exceeds the seven-day threshold in Civil Rule 6.01. This is the default civil deadline most defendants work against, and the AOC-105 Civil Summons states the same 20-day default-judgment deadline.

Small claims (KRS 24A.280 and KRS 24A.300)

No written answer is required. No formal pleadings are filed, so the defendant does not answer and instead appears at the hearing set not less than 20 nor more than 40 days after service. If the defendant fails to appear, the court may enter judgment against him.

Eviction / forcible detainer (KRS 383.210)

Not a written-answer track. The forcible detainer warrant must give the tenant at least 3 days' notice of the time and place of the trial. Because that period is under seven days, Civil Rule 6.01 excludes intermediate weekends and legal holidays, making it 3 court days, and the tenant appears at the trial rather than filing an answer.

Divorce / dissolution response (Kentucky Civil Rule 12.01)

20 calendar days after service of the petition and summons to serve a responsive pleading. Dissolution proceeds under the Family Court Rules of Procedure and Practice, which do not displace the general 20-day answer period, so the same calendar-day deadline applies. Missing it can let the dissolution proceed by default.

Which Kentucky court hears your case, by amount

Small Claims Division of the District Court

Hears claims up to $2,500. No written answer is required; the clerk's summons directs the defendant to appear at a hearing set 20 to 40 days after service, and judgment may be entered if the defendant fails to appear.

District Court (general civil)

Hears general civil cases up to $5,000. A written answer is required within 20 calendar days of service under Civil Rule 12.01, filed with the clerk of the District Court named in the summons. There is no fee just to file an answer.

Circuit Court (general civil)

Hears general civil cases over $5,000. A written answer is required within 20 calendar days of service under Civil Rule 12.01, filed with the clerk of the Circuit Court named in the summons. There is no fee just to file an answer.

Suggested Compliance Checklist

Calculate your response deadline from the date you were served

Day 0 (date of service) days after starting

Find the deadline that matches your track. A general civil complaint is due in 20 calendar days under Kentucky Civil Rule 12.01, counted in calendar days because the period exceeds seven days under Civil Rule 6.01. A dissolution response follows the same 20-day period. Small claims requires no written answer; you appear at the hearing set 20 to 40 days after service under KRS 24A.280. An eviction warrant gives at least 3 court days' notice of the trial under KRS 383.210, where the tenant appears. Mark the exact date on a calendar.

Identify your case track and the correct court

Within 2 days of service days after starting

Read the caption and notice on the summons to confirm whether the case is small claims, general civil, an eviction (forcible detainer), or a dissolution. Small claims (up to $2,500) and evictions require no written answer and call for an appearance instead. General civil cases go to District Court up to $5,000 or Circuit Court over $5,000 and require a written answer. Confirm the court named in the summons, because that is where your answer must be filed.

Identify your defenses and any counterclaims

Before drafting the answer days after starting

List the affirmative defenses that fit your facts under Kentucky Civil Rule 8.03, such as accord and satisfaction, estoppel, fraud, laches, payment, res judicata, statute of frauds, statute of limitations, or waiver. In debt cases, check the ten-year written-contract limitations period under KRS 413.160. If you have a claim against the plaintiff arising from the same transaction or occurrence, you generally must plead it as a compulsory counterclaim under Civil Rule 13.01 or lose it.

Draft the answer in the correct caption and format

Before the answer deadline days after starting

Respond to each numbered allegation by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses. Kentucky does not mandate a statewide answer form, so type the answer on standard pleading paper with the court, parties, and case number in the caption under Kentucky Civil Rule 10.01. Keep a copy for your records and for service on the plaintiff.

Document: answer-to-complaint

File the answer with the clerk of the correct court

On or before the answer deadline days after starting

File with the clerk of the District or Circuit Court named in the summons under Kentucky Civil Rule 5.05. eFiling is available in many Kentucky courts, so check whether your court accepts or requires it before filing in person or by mail. There is no fee just to file an answer in Kentucky.

Serve the plaintiff with a copy of your answer

With or promptly after filing days after starting

Serve a copy of the filed answer on the plaintiff or the plaintiff's attorney by delivering or mailing it to the last known address, or by electronic service if elected, under Kentucky Civil Rule 5.02. An answer that is filed but not properly served on the plaintiff can be challenged, so keep proof of how and when you served it.

Request a fee waiver if you cannot afford a court cost

At the time of filing days after starting

There is no fee just to file an answer, but if you owe a court cost or counterclaim fee and cannot pay it, file form AOC-026, the Motion for Waiver of Costs and Fees and to Proceed In Forma Pauperis. Eligibility is based on being unable to pay without depriving yourself or your dependents of the necessities of life, and filing the motion lets you proceed while the court decides.

Appear at the hearing or move to set aside a default if you missed the deadline

As set by the court days after starting

Calendar every date the court sets, including the small claims hearing (where no written answer is filed) and the eviction trial (set at least 3 court days out). If a default judgment was already entered in a case that required an answer, you can move to set it aside within a reasonable time, and not more than one year, under Kentucky Civil Rule 60.02. Attorney review is available as an option before you file if your case involves a short eviction trial date, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.

Task	Description	Document	Days after starting
Calculate your response deadline from the date you were served	Find the deadline that matches your track. A general civil complaint is due in 20 calendar days under Kentucky Civil Rule 12.01, counted in calendar days because the period exceeds seven days under Civil Rule 6.01. A dissolution response follows the same 20-day period. Small claims requires no written answer; you appear at the hearing set 20 to 40 days after service under KRS 24A.280. An eviction warrant gives at least 3 court days' notice of the trial under KRS 383.210, where the tenant appears. Mark the exact date on a calendar.	-	Day 0 (date of service)
Identify your case track and the correct court	Read the caption and notice on the summons to confirm whether the case is small claims, general civil, an eviction (forcible detainer), or a dissolution. Small claims (up to $2,500) and evictions require no written answer and call for an appearance instead. General civil cases go to District Court up to $5,000 or Circuit Court over $5,000 and require a written answer. Confirm the court named in the summons, because that is where your answer must be filed.	-	Within 2 days of service
Identify your defenses and any counterclaims	List the affirmative defenses that fit your facts under Kentucky Civil Rule 8.03, such as accord and satisfaction, estoppel, fraud, laches, payment, res judicata, statute of frauds, statute of limitations, or waiver. In debt cases, check the ten-year written-contract limitations period under KRS 413.160. If you have a claim against the plaintiff arising from the same transaction or occurrence, you generally must plead it as a compulsory counterclaim under Civil Rule 13.01 or lose it.	-	Before drafting the answer
Draft the answer in the correct caption and format	Respond to each numbered allegation by admitting, denying, or stating you lack information to admit or deny, then state your affirmative defenses. Kentucky does not mandate a statewide answer form, so type the answer on standard pleading paper with the court, parties, and case number in the caption under Kentucky Civil Rule 10.01. Keep a copy for your records and for service on the plaintiff.	answer-to-complaint	Before the answer deadline
File the answer with the clerk of the correct court	File with the clerk of the District or Circuit Court named in the summons under Kentucky Civil Rule 5.05. eFiling is available in many Kentucky courts, so check whether your court accepts or requires it before filing in person or by mail. There is no fee just to file an answer in Kentucky.	-	On or before the answer deadline
Serve the plaintiff with a copy of your answer	Serve a copy of the filed answer on the plaintiff or the plaintiff's attorney by delivering or mailing it to the last known address, or by electronic service if elected, under Kentucky Civil Rule 5.02. An answer that is filed but not properly served on the plaintiff can be challenged, so keep proof of how and when you served it.	-	With or promptly after filing
Request a fee waiver if you cannot afford a court cost	There is no fee just to file an answer, but if you owe a court cost or counterclaim fee and cannot pay it, file form AOC-026, the Motion for Waiver of Costs and Fees and to Proceed In Forma Pauperis. Eligibility is based on being unable to pay without depriving yourself or your dependents of the necessities of life, and filing the motion lets you proceed while the court decides.	-	At the time of filing
Appear at the hearing or move to set aside a default if you missed the deadline	Calendar every date the court sets, including the small claims hearing (where no written answer is filed) and the eviction trial (set at least 3 court days out). If a default judgment was already entered in a case that required an answer, you can move to set it aside within a reasonable time, and not more than one year, under Kentucky Civil Rule 60.02. Attorney review is available as an option before you file if your case involves a short eviction trial date, a debt-collection statute-of-limitations question, or a disputed service-of-process issue.	-	As set by the court

Frequently Asked Questions

An answer responds to each numbered paragraph of the complaint by admitting it, denying it, or stating you lack enough information to admit or deny, and then lists your affirmative defenses. Kentucky does not mandate a statewide answer form, so you type the answer on standard pleading paper with the court, parties, and case number set out in the caption under Kentucky Civil Rule 10.01. File it with the clerk of the court named in the summons.

Serve and file your written answer within 20 calendar days of service under Kentucky Civil Rule 12.01. File it with the clerk of the District Court (for claims up to $5,000) or Circuit Court (for claims over $5,000) named in the summons, and serve a copy on the plaintiff or the plaintiff's attorney under Civil Rule 5.02. There is no fee to file an answer in Kentucky, and eFiling is available in many courts.

Under Kentucky Civil Rule 55.01, a party entitled to a default judgment applies to the court, and the court can enter a default judgment for what the complaint requests. You can file a Motion to Set Aside Default under Civil Rule 60.02 for good cause such as mistake, inadvertence, surprise, or excusable neglect. The motion must be made within a reasonable time, and for those grounds not more than one year after the judgment, so act quickly.

Often yes. Parties commonly agree in writing to extend the response deadline, and you can ask the court to enlarge the time under Kentucky Civil Rule 6.02. Filing certain pre-answer motions, such as a motion to dismiss under Civil Rule 12.02, can also pause the answer clock until the court rules. Get any extension in writing or on the record, because the default clock keeps running until the plaintiff agrees, the court grants more time, or you file a response.

There is no fee just to file an answer in Kentucky, but if you owe a court cost or counterclaim fee and cannot pay it, you can ask the court to waive it. The request is made on form AOC-026, the Motion for Waiver of Costs and Fees and to Proceed In Forma Pauperis. Eligibility is based on being unable to pay without depriving yourself or your dependents of the necessities of life, and filing the motion lets you proceed while the court decides.

Yes. Kentucky treats insufficiency of service of process as a defense you can raise by motion under Civil Rule 12.02 or in your answer. If service did not follow the rules, the 20-day answer period may not have started to run. Raise a service problem promptly rather than ignoring the case, because ignoring the summons still risks a default judgment under Civil Rule 55.01.

Kentucky Civil Rule 8.03 lists affirmative defenses you can plead, including accord and satisfaction, assumption of risk, contributory negligence, estoppel, failure of consideration, fraud, laches, payment, res judicata, statute of frauds, statute of limitations, and waiver. To assert your own claim against the plaintiff, you file a counterclaim under Civil Rule 13.01. A counterclaim arising out of the same transaction or occurrence is compulsory and can be lost if not pleaded in your answer.

Respond the same way as any civil complaint: file a timely answer that admits or denies each allegation and raises your defenses. In debt cases, check the statute of limitations on the debt, which Kentucky sets at ten years for written contracts under KRS 413.160, and whether the collector validated the debt under the federal Fair Debt Collection Practices Act, 15 U.S.C. 1692g. Do not ignore the summons, because silence leads to a default judgment for the full amount claimed.

A respondent served with a dissolution petition and summons has 20 calendar days to serve a responsive pleading under Kentucky Civil Rule 12.01, which applies to dissolution actions through the Family Court Rules of Procedure and Practice. You file your response with the Circuit or Family Court named in the summons. Missing the 20-day window can let the case proceed by default and let the court decide property, support, and custody issues without your input.

Kentucky follows the federal-style pre-answer motion. Under Kentucky Civil Rule 12.02, you can move to dismiss for grounds such as lack of jurisdiction, insufficiency of service of process, or failure to state a claim upon which relief can be granted. The motion is filed within the same response window that applies to an answer and is set for a ruling. If the court denies it, you then file your answer within the time the rule allows.

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