Kentucky debt statute of limitations

Kentucky limitation periods by type of debt

Unwritten debt is 5 years (§ 413.120); written contracts executed after July 15, 2014 are 10 years (§ 413.160). Pre-2014 written contracts carry a longer period.

What the Kentucky statute says

“An action upon a written contract executed after July 15, 2014, unless otherwise provided by statute, and an action for relief not provided for by statute can only be commenced within ten (10) years after the cause of action accrued.”
KRS 413.160

“The following actions shall be commenced within five (5) years after the cause of action accrued: (1) An action upon a contract not in writing, express or implied.”
KRS 413.120(1)

“An action upon a recognizance, bond, or written contract, except that actions upon written contracts executed after July 15, 2014, shall be governed by KRS 413.160”
KRS 413.090(2)

“(9) An action upon a merchant's account for goods sold and delivered, or any article charged in such store account.”
KRS 413.120(9)

Does paying restart the clock in Kentucky?

We have not confirmed Kentucky’s rule from its statute text. In many states a payment or a written acknowledgment can restart the limitations period, so check before you pay anything on an old account.

If a creditor wins a judgment in Kentucky

The statute of limitations is a defense to the lawsuit. If the creditor sues within the deadline and wins — or wins by default because nobody answered — different Kentucky rules take over.

How long a judgment lasts

In Kentucky, an action upon a judgment must be commenced within fifteen years, measured from the date of the last execution on the judgment, so each new execution restarts the period.

“the following actions shall be commenced within fifteen (15) years after the cause of action first accrued: (1) An action upon a judgment or decree of any court of this state or of the United States, or of any state or territory thereof, the period to be computed from the date of the last execution thereon;”
Ky. Rev. Stat. § 413.090(1)

Wage garnishment

Kentucky limits garnishment of a debtor's weekly disposable earnings to the lesser of 25% or the amount above 30 times the federal minimum hourly wage; the limit does not apply to support orders, Chapter 13 bankruptcy orders, or state or federal tax debts.

“the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed the lesser of either: (a) Twenty-five percent (25%) of his disposable earnings for that week, or (b) The amount by which his disposable earnings for that week exceed thirty (30) times the federal minimum hourly wage”
Ky. Rev. Stat. § 427.010(2)

Small claims court

Kentucky's small claims division hears civil actions (other than libel, slander, and certain other torts) where the amount claimed does not exceed $2,500, exclusive of interest and costs.

“The small claims division shall have jurisdiction, concurrent with that of the District Court, in all civil actions, other than libel, slander, alienation of affections, malicious prosecution and abuse of process actions, when the amount of money or damages or the value of the personal property claimed does not exceed two thousand five hundred dollars ($2,500) exclusive of interest and costs.”
Ky. Rev. Stat. § 24A.230(1)

What to do next

1. Find the date of your last payment or account activity — that is usually when the clock started.
2. If a collector contacted you in the last 30 days, dispute in writing first: the validation letter generator asks the collector to verify the debt without admitting it.
3. Do not pay or sign anything on an old debt until you know how Kentucky treats a payment (above).
4. If you are sued, respond by the deadline on the summons and raise the statute of limitations as a defense.

Common questions

How long can a debt collector sue me in Kentucky?

5 years for credit-card debt and 10 years on a written contract, under Ky. Rev. Stat. § 413.160; § 413.120. The period usually runs from your last payment or the date of default.

How long does a court judgment last in Kentucky?

In Kentucky, an action upon a judgment must be commenced within fifteen years, measured from the date of the last execution on the judgment, so each new execution restarts the period. (Ky. Rev. Stat. § 413.090(1)).

How much of my pay can be garnished in Kentucky?

Kentucky limits garnishment of a debtor's weekly disposable earnings to the lesser of 25% or the amount above 30 times the federal minimum hourly wage; the limit does not apply to support orders, Chapter 13 bankruptcy orders, or state or federal tax debts. (Ky. Rev. Stat. § 427.010(2)).

What if I am sued on an old debt in Kentucky?

Respond by the deadline on the summons. An expired limitations period is a defense you generally have to raise yourself; a court that hears nothing from you can enter a default judgment.