Ky. Rev. Stat. § 413.090(1)
Collection of Judgments
Efforts to collect money awarded in a prior court judgment.
Statute of Limitation in Kentucky
This statute establishes that actions upon a judgment, contract, or bond generally have a fifteen-year limitation period.
Deadline Calculator
Exceptions & Conditions
An exception occurs if the party owing child support acknowledges the debt or makes partial payments; in such cases, the statute may be reset or extended. The time for bringing the action remains tolled until the last child reaches the age of majority or the support obligation ends. Contact an attorney.
Example Scenario
If a child support obligation began on January 1, 2010, and continues until the last child turns 18 on January 1, 2025.
Understanding Statutes of Limitations in Kentucky
The statute of limitations for collection of judgments in Kentucky acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by Kentucky state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for collection of judgments after the 15-years period has expired, the defendant will likely file a motion to dismiss the case. In Kentucky, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, Kentucky law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in Kentucky serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (15 years in this instance), potential liability is extinguished.
Can this be resolved in Kentucky Small Claims court?