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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I would like to know how to file a suit against a tenant who

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I would like to know how to file a suit against a tenant who owes me $2,500 for unpaid rent.
Submitted: 6 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

Hmm, you have a hard choice to make. Kentucky small claims only permit suits for up to $1,500 which means that if you wish to file without the use of an attorney, you can only sue up to $1,500 and eat the remainder as losses. Otherwise you will have to take the Kentucky Circuit Courts, possibly retain counsel, and sue there.

I am sorry.

Edited by Dimitry Alexander Kaplun on 7/1/2010 at 4:04 AM EST
Customer: replied 6 years ago.
So, what steps do I take to file in the Kentucky Circuit Courts? Does this cost a lot of money? Can I represent myself? My case is rather straight forward. I have a signed rental agreement and she did not pay the last five months she lived there.
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your follow-up. I will try to answer each of your follow-ups directly.

So, what steps do I take to file in the Kentucky Circuit Courts?
Go to the website listed below to find the closest circuit court in your county. Contact the clerk on duty and either state that you will pursue this "pro se" (self representing), or get an attorney to file for you, which in this situation is highly preferred. The reason is that unlike small claims, here if you self represent the judge expects you to follow all rules, conditions, and formalities, and may even make it more difficult solely because you are pro se (some judges hate such parties, as they make their docket more complicated)

Does this cost a lot of money?
That depends. With an attorney, it may cost about $1,000 or so, with fees. However the judge may award you attorney's fees if you prevail against the other party. If you do it yourself, there are just the filing fees which differ from court to court.

Can I represent myself?
Yes, but it is not recommended.

http://courts.ky.gov/


Good luck.

Edited by Dimitry Alexander Kaplun on 7/1/2010 at 4:18 AM EST
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