Kentucky Revised Statutes
Ky. Rev. Stat. § 411.195 (2026)
Enforceability of written agreement to pay attorney fees in event of
✓ current as of May 2026
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default. Any provisions in a writing which create a debt, or create a lien on real property, requiring the debtor, obligor, lienor or mortgagor to pay reasonable attorney fees incurred by the creditor, obligee or lienholder in the event of default, shall be enforceable, provided, however, such fees shall only be allowed to the extent actually paid or agreed to be paid, and shall not be allowed to a salaried employee of such creditor, obligor or lienholder. Effective: July 13, 1984 History: Repealed and reenacted as a new section of this chapter 1984 Ky. Acts ch. 111, sec. 164, effective July 13, 1984. -- Created 1980 Ky. Acts ch. 169, sec. 1, effective July 15, 1980. Formerly codified as KRS 453.250.
Notes of Decisions
Cited in 22
cases (11 in the last 5 years), 1985–2026 · leading case: Ballard v. 1400 Willow Council of Co-Owners, Inc., 430 S.W.3d 229 (Ky. 2013).
Ballard v. 1400 Willow Council of Co-Owners, Inc., 430 S.W.3d 229 (Ky. 2013). “If the applicable statute is KRS 411.195, then the affidavit must also contain a showing that the required attorney’s fee was actually paid, or was agreed to be paid, by the party enforcing the written obligation.”
Triple Crown Subdivision Homeowners Assoc., Inc. v. Oberst, 279 S.W.3d 138 (Ky. 2008). “Although the Court of Appeals decided the issue was moot in light of its ruling, it went on to discuss the issue, adopting the trial court’s analysis of KRS 411.195, which purportedly allows attorney fees to the original parties to an agreement to pay attorney fees.”
Ranier v. Gilford, 688 S.W.2d 753 (Ky. Ct. App. 1985). “250 (repealed and re-enacted as KRS 411.195, effective July 13, 1984) or KRS 355.”
CSX Transp., Inc. v. First Nat'l Bank of Grayson, 14 S.W.3d 563 (Ky. Ct. App. 2000). “KRS 411.195 states that [a]ny provisions in a writing which create a debt, or create a lien on real property, requiring the debtor, obligor, lienor or mortgagor to pay reasonable attorney fees incurred by the creditor, obligee or lienholder in the event of default, shall be…”
Farmers Bank & Trust Co. v. Brazell, 902 S.W.2d 830 (Ky. Ct. App. 1995). “While KRS 411.195 provides for the enforcement of agreements to pay attorney fees contained in an instrument that creates a debt, it applies only to those who are parties to the writing.”
Ontrac, Inc. D/B/A Blitz Builders, Inc v. James Ivy (Ky. Ct. App. 2026). “In the present appeal, Builder asserted entitlement to attorneys’ fees pursuant to the Fee Provision of the Contract, as well as pursuant to KRS 411.195. We first address Builder’s contractual entitlement to attorneys’ fees pursuant the Fee Provision with our de novo standard of…”
Investors Heritage Life Ins. Co. v. Farmers Bank, 749 S.W.2d 688 (Ky. Ct. App. 1987). “In awarding attorney’s fees the court relied upon the provisions of KRS 411.195 which deal with the enforceability of written contracts to pay attorney’s fees in the event of default.”
David Keith Wimberly v. Park Cmty. Credit Union, Inc. (Ky. Ct. App. 2020). “Wimberly makes four arguments on appeal: (1) Park failed to properly apply his payments to the principal and interest as required by Kentucky law; (2) KRS 411.195 is inapplicable to him; (3) Park cannot prove a debt 2 This order was later amended by order entered October 1, 2019.”
Jennifer Key v. Mariner Fin., LLC (Ky. Ct. App. 2020). “KRS 411.195 provides that any “provisions in a writing which create a debt .”
Deutsche Bank Trust Co. Americas v. Haffey (E.D. Ky. 2019). “Here, the note which Heather Haffey signed states that “the Note Holder will have the right to be paid back by [the debtor] for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable…”
Neal A. Haney v. Jerome C. Stykes A/K/A Jerry Stykes (Ky. Ct. App. 2023). “KRS 411.195 authorizes an award of attorneys’ fees if agreed in a contract creating a debt.”
Rq Floors, Corp. v. Bpm Lumber, LLC (Ky. Ct. App. 2020). “RQ Floors further argues that it was “impossible” for the trial court to determine whether BPM’s counsel’s fees were paid or agreed to be paid as required by KRS 411.195 without reviewing the applicable itemized invoices.”
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