Court Costs in Kentucky: What You Need to Know

The Basics of Court Costs in Kentucky

Court costs in Kentucky represent a small fraction of the financial obligations that parties incur when pursuing a lawsuit or defending against a claim. While courts have the discretion to award costs to prevailing parties, those costs are, with rare exception, generally quite low.
Court costs are generally defined as "the fees or money rendered to a court to cover the expenses incurred in the prosecution of, or defense against, litigation." Black’s Law Dictionary 427 (10th ed. 2014). By statute, the costs each party are required to bear in Kentucky are outlined in Kentucky Revised Statute (KRS) 31.200, which provides that:
Except as otherwise provided by statute, all costs properly incurred in a civil action in the district or circuit court shall be borne as provided by Rules 54.04, 54.06, and 59.05 of the Kentucky Rules of Civil Procedure. The failure to particularly itemize the items of cost shall not be cause for dismissing any bill of costs.
The court costs set forth under K.R.S. 31.200 include filing fees for initiating a lawsuit, court reporter fees, deposition fees, witness fees, and sheriff’s fees for serving process , just to name a few. The court costs that a party incurs in everyday litigation are usually exponentially dwarfed by the amount of attorney fees and other expenses incurred.
With the exception of specific state and federal statutes that allow for nonprevailing parties to pay the prevailing party’s attorneys’ fees and costs, prevailing parties are generally not entitled to collect their attorney fees from the losing party. This is often contrary to prevailing parties’ expectations, who generally presume that the expense involved pursuing or defending a claim on their behalf will be awarded and included as part of the judgment rendered in their favor. Although courts may award attorney fees to prevailing parties in complex litigation, such as commercial forms of litigation, they are limited to doing so where there exists a statutory or contractual basis. See generally Jericho Coal & Land, Inc. v. Addington, 149 S.W.3d 661, 662-70 (Ky. App. 2004) (holding the central question in deciding whether an attorneys’ fee provision in a contract can be enforced is whether the fee provision creates a right of recovery for attorneys’ fees in actions beyond those brought to enforce the contract and also discussing complex fees). Because court costs are so nominal, courts in Kentucky rarely award attorneys’ fees in the absence of a statutory or contractual right.

Common Factors in Court Cost Amounts

Court costs in Kentucky can fluctuate based on a variety of factors. These include the type of case you are involved in, which county your case is in, and whether you have legal representation.
Civil Cases
For civil cases, what you pay in court costs can depend on the amount of damages you are suing for. If the amount is under $5000, then court costs are based on the number of counts you have filed against the other person. For example, civil court costs for one count are $120, two counts are $155.80, and three counts are $197.80. If you have more than three counts filed against the other party, then you will pay $197.80 plus an additional $100 per count for up to 20 total counts. After that, there is an additional $10 charge for each additional count.
If opposed divorce, or divorce where a spouse does not agree to the divorce, is your case, then a different fee schedule is used to calculate your court costs. For divorce cases, there is a $200 fee for all counts. With appealed divorce cases, and the ex-spouse has filed their own countersuit, the fee is $300 per side.
Criminal Cases
For criminal cases, the court costs are $128.50 per side in criminal cases that have been appealed to district court. Approximately $43.50 for all criminal traffic cases are filed. Juvenile fees are $75.00 per side and approximately $88.00 for all other juvenile cases.
Domestic Relation Cases
For domestic relation fees, including juvenile cases, the fee is either $92.00 or $95.00. This depends on whether you are filing new papers or are simply making a motion in an already existing case.
Other factors that can alter court costs include:
Location of the Case – If you have a civil case in Jefferson County, courthouse fees are $215 plus $5 per additional count.
Legal Representation – Some attorneys will offer to pay your court costs while others will lump it into their fees and not give you an option.

Typical Court Costs for Certain Cases

Court costs in Kentucky vary from case to case and depend on the court where a case is heard. There are filing fees, which are paid when initiating a case, and other court costs incurred during the pendency of a case, which include witness fees, expert fees, clerk’s fees, and sheriff’s fees. The nature of the claim dictates whether additional fees may be charged, or waived, by court personnel. As an example, in a district court traffic case, the clerk collects the fines and court costs at the time of sentencing. In a civil or criminal case, the party that commences a case or files a motion for additional relief pays the filing fees. Trace amounts are charged for copies of documents and exhibits. In this section we’ll take a look at the typical court costs for common cases, which include criminal cases, civil cases, small claims, domestic and juvenile cases, and traffic cases.
Criminal Cases: In criminal cases such as violations, misdemeanors, and felonies the average cost in court costs is $167. Traffic cases incur costs averaging $189.
Civil Cases: In civil circuit court cases the average court costs are $414, and the average district court costs are $263.
Suits and Appeals: The cost of filing a suit in circuit court costs the plaintiff an average of $169 and the defendant an average of $227. Fewer than one percent of civil cases filed get appealed. The average cost for an appeal in a civil case is $429.
Small Claims: Small claims cases average $118 in court costs.
Juvenile Cases: Cases involving dependency, neglect, and abuse have average costs of $134. Entities with interests in the care and custody of children (e.g. the Cabinet for Family and Children) are not subject to court costs in these cases.
Divorce and Child Custody Cases: Costs in actions for divorce and child custody average $250. The cost of final judgment forms is included in this number.
Tax Cases: The average cost of bringing an action against the Department of Revenue or challenging a property tax assessment is $184. The average cost of a suit filed against the Department of Labor is $244.
Traffic Violations: Fees in district court traffic violations average $189.
Criminal Charges: Misdemeanor and other charges average $167.

Paying Court Costs in Kentucky

All court costs in Kentucky must be paid. Each county is different. Most courts require payment on the date of the judgment. Some courts give you a bit more time.
If you are represented, your attorney will get a bill every month from the Kentucky Court of Justice. We always pay our cost bills promptly. We also advise our clients to pay up promptly.
If you are not represented and you went to court, you will receive a bill for costs. If you left the courthouse without a bill ask the clerk for one.
You must pay costs. You cannot wait 30 days or 60 days to pay costs. In most counties, you may pay costs in cash, money order, or with a debit card.
In some counties, you can access the court cost portal and pay online. In some counties, you will get a bill from the Court as a credit card statement. You can log onto the system and pay online.
You can look at court costs before paying online. You will see the docket number and a specific case number. The specific case number is located in the middle of the page under the name of the litigant.
Payment plans are NOT available in every court. If available, some courts will approve the payment plan after your first payment is made. Others will give you an application and the requirements.

Getting Court Costs Reduced or Waived

Costs can add up quickly in a legal proceeding. Are there ways to reduce your costs or have them covered? Due to the high costs of bringing a case, the court may, in certain circumstances, partially or fully waive the costs. Examples of total waiver of costs include bankruptcy cases, cases involving juveniles, and cases where the proceedings are in forma pauperis.
In important family-related cases , the Family Court does not charge costs. Costs also do not accrue for an individual who has been granted a poverty certificate.
Your attorney can ask the Court to waive some types of costs incurred in the course of a lawsuit. Your attorney could file a motion with the Clerk to waive or reduce costs in your case. Contact the clerk to verify that a particular cost is subject to waiver. If you have been granted a waiver or reduction of costs that were previously paid, you may receive a refund of those costs. However, refunds are not available for costs charged by the Kentucky Department of Revenue.

Consequences for Not Paying Court Costs

The penalty for the failure to pay court costs is severe. If you fail to pay the costs, the clerk may send the judgment to the Department of Revenue for collection. This is not a good thing. Should this happen the Department of Revenue will treat your unpaid costs like a tax debt and start collection proceedings against you. This includes threatening a garnishment of wages, and a forced levy on any property you own. The Courts are serious about this and I strongly advise you to pay your costs. This is particularly true given the alternative of garnishment. A mandatory garnishment means that a percentage of your wages may be forcibly taken directly from your paycheck. An unpaid balance will also accrue additional fees and fines. The clerk will not only attempt to collect the initial amount, but any expenses of collection may also be charged. This adds insult to injury, as the collection costs may actually double your expenses. Penalties and cost add-ons are as follows: It is ironic that a few hundred dollars in court costs can end up costing thousands or tens of thousands to a consumer. So before failing to pay the costs imposed by Kentucky courts be sure to think it through carefully. No one wins when this happens.

Additional Court Costs Resources

Families who may need additional assistance in navigating the delicate balance of court costs, clerks fees, and collection might find it helpful to consult a variety of resources that are available in Kentucky. There are support organizations, advocacy groups, and websites that can help you build a comprehensive understanding of your rights, responsibilities, and available support.
The Kentucky Court of Justice (KCOJ) is a vital starting point. KCOJ provides a detailed breakdown of fees, forms, and services that can help guide a party through the process. You can access valuable information from their website at www.kycourts.gov. If you still have questions about court costs, calling Kentucky’s Department of Clerk’s offices is another option. The staff members can answer questions about fees and payments specific to their local offices , policies, and programs.
For all processes associated with the Kentucky court system, individuals can reach out to helpful individuals at the Kentucky Bar Association. The Kentucky Bar Association employs specialists in many different areas of law that can guide you in the right direction (or put you in contact with the right individuals). The KBA can be reached online, via email, or by telephone.
People who are filing court records or who have cases or actions pending in Kentucky courts should be sure to keep schedules, filings, and payments up-to-date. Failure to pay applicable court costs or fees can lead to collection actions, garnishments, or asset seizures. Individuals can avoid these actions by paying properly assessed fees within the allotted period and following the proper payment procedures.