What is the Kentucky AOC 175 form used for?
The Kentucky AOC 175 form is a Small Claims Complaint used to initiate a lawsuit in Small Claims Court in Kentucky. It allows a plaintiff to formally claim damages from a defendant. The form captures essential information about the parties involved, the nature of the claim, and any associated court costs. It is designed for claims that do not exceed $2,500, excluding interest and costs.
Who can file a claim using the AOC 175 form?
Any individual or business entity can file a claim using the AOC 175 form, provided that the claim falls within the jurisdictional limits of Small Claims Court. Individuals must provide their full names, while businesses can enter their registered names. It is important to note that businesses engaged in trade or commerce may file multiple claims based on their established locations.
What information is required on the AOC 175 form?
The AOC 175 form requires several pieces of information. This includes the names and addresses of both the plaintiff and the defendant, details of the claim, and the amount being sought. Additionally, if the plaintiff has legal representation, the attorney's information should be included. The form also includes a section for court costs that may be claimed alongside the damages.
What happens if a defendant fails to appear in court?
If a defendant does not appear in court on the scheduled date, a judgment may be entered against them. This judgment can result in the plaintiff being awarded the amount claimed, which may lead to garnishment of wages or the seizure of property, unless protected by law. It is crucial for defendants to understand the importance of attending the hearing to present their side of the case.
Can a plaintiff request a jury trial when using the AOC 175 form?
No, jury trials are not available in Small Claims Court. If the amount in controversy exceeds $250 and a jury trial is desired, the plaintiff must file the claim in District Civil Court instead. This process involves different procedures and may require additional fees. If a defendant wishes to request a jury trial, they must notify the court clerk in writing at least seven days before the court date.
What is the limit on the number of claims that can be filed using the AOC 175 form?
Under Kentucky law, an individual cannot file more than twenty-five claims in a calendar year in the Small Claims Division of any District Court. However, businesses engaged in trade or commerce can file the maximum number of claims allowed for each established location, provided they have been in operation for at least six months. Claims brought by government entities are exempt from this limitation.