Title XXXIX, Provisional Remedies, Enforcement of Judgments, and Exemptions

(1) Any execution on a judgment, which could be replevied before the execution issued, may be replevied for three (3) months at any time before a sale of property under the same, by the defendant giving to the officer a bond with good surety payable to the plaintiff, for the amou…

A judgment to enforce a lien, or against any collecting officer, attorney at law or agent for a delinquency or default in executing or fulfilling his duties, or of a surety against his principal, or upon a debt due by obligation having the force of a judgment, or for specific pro…

An agreement to waive the right to replevy, or any other legal agreement in relation to any judgment, if entered on the record among the orders of court, shall be specifically enforced. The proper endorsement shall be made on the execution by the clerk or judge.

Form. (1) If the right to replevy exists and is not exercised, sales under execution shall be on a credit of three (3) months, upon the purchaser giving bond with good surety to the plaintiff in execution for the payment of the sale money, bearing interest from date. (2) The bond…

(1) If the property sold on credit sells for more than necessary to satisfy the execution, costs and commission, the officer making the sale shall take a bond payable to the defendant, the owner of the property, but otherwise similar to and having like force and effect as that pr…

Any motion authorized by KRS 426.010 to 426.500 or 426.990 shall be commenced within two (2) years after the cause of the motion accrues.

(1) Before any real property is to be sold under an order or judgment of a court, other than an execution, the commissioner or other officer selling the property shall have it appraised, under oath, by two (2) disinterested, intelligent housekeepers of the county, who may be swor…

licensed auctioneer. (1) If real or personal property is sold at public sale under any order or decree of any court in this state, then the court under whose jurisdiction the sale is to be made may secure the services of an auctioneer licensed in this state to conduct the public …

Foreclosure of a mortgage is forbidden; provided, however, that this section shall not preclude a mortgagee after default from taking possession of property subject to the mortgage which has been abandoned by the mortgagor, for the purpose of preserving and maintaining the same, …

of possession and deed. (1) If real property sold in pursuance of a judgment or order of a court, other than an execution, does not bring two-thirds (2/3) of its appraised value, the defendant and his or her representatives may redeem it within six (6) months from the day of sale…

of sale. If the proceeds of sale fail to satisfy the judgment, the right of redemption provided for in KRS 426.530 may be sold to satisfy the residue of the judgment. The right of redemption shall also be liable to sale under execution. The land shall be subject to redemption fro…

If, by the judgment of any court of this state, real property is sold and any party to the action dies after the sale is confirmed, or, if the court orders any conveyance of real property by a commissioner and a party to the proceedings dies before the conveyance is perfected, it…

(1) The death of a party, after recovering a judgment, shall not prevent the issuing of an execution afterward; but (a) Upon a judgment recovered by one (1) party, execution issued after his death must be in favor of his representative or successor who is entitled to the property…

When bond required. The clerk, before making the indorsements required by paragraph (d) of subsection (1) of KRS 426.551, shall require the person claiming right thereto to file an affidavit showing his right. If the affiant state that he is a personal representative or successor…

The death of a defendant shall not prevent the issuing of an execution against a surviving defendant.

The court may, after reasonable notice, quash an execution on the ground that the representative or successor of a deceased plaintiff is not properly stated in the indorsement on the execution.

(1) The death of a defendant after a sale of his property under execution shall not prevent a conveyance of the property. It shall be conveyed in the same manner and with the same effect as if he were living. (2) The levy of an execution is not discharged by the death of the defe…

In addition to the notices now required by statute to be posted, all public sales of any kind of property sold under execution, judgment or decree, shall, unless otherwise agreed upon by the parties, be advertised by publication pursuant to KRS Chapter 424. The advertisement shal…

Unless otherwise specially ordered by the court, the master commissioner of a Circuit Court shall make all conveyances of real property that are authorized by law to be made by a commissioner of the Circuit Court. In the partition of land, there shall be but one (1) deed, unless …

(1) Real property may be conveyed by a commissioner appointed by the court: (a) If by the judgment in an action a party be ordered to convey such property to another. (b) If such property have been sold under a judgment or order of the court and the sale confirmed. (2) The death …

The deed of the commissioner shall refer to the judgment, orders and proceedings, authorizing the conveyance, so that the same may be readily found.

A conveyance made in pursuance of a judgment shall pass to the grantee the title of the parties ordered to convey the land.

A conveyance made in pursuance of a sale ordered by the court shall pass to the grantee the title of all the parties to the action or proceeding.

A conveyance by a commissioner shall not pass any right, until it has been examined and approved by the court; which approval shall be indorsed on the conveyance, and recorded with it.

It shall be necessary for the conveyance to be signed by the commissioner only, without affixing the names of the parties whose title is conveyed; but the names of such parties shall be recited in the conveyance.

The conveyance shall be recorded where, by law it should have been recorded, had it been made by the parties whose title is conveyed by it.

(1) The owner of personal property taken in execution may give to the levying officer a bond, with good surety, to have the property forthcoming at the time and place of sale, which shall specify each article of property and its value. (2) The bond shall be in substance as follow…

Liability of surety -- Execution for balance due. (1) If the defendant in execution fails to pay or replevy the amount of the execution, and fails to deliver the property specified in the forthcoming bond or other property in its place sufficient to satisfy the execution and all …

Any officer taking a forthcoming bond who fails to return it to the proper office for twenty (20) days after the failure to comply on the part of the defendant in execution shall, with his sureties, be liable to the plaintiff for the amount of the execution, costs and commission,…

(1) Every bond taken on the sale of property under an order of judgment in chancery or on the sale of property under execution, and every replevin and forthcoming bond, shall be signed by the principal and surety, and attested by the person taking the bond, or by someone in his p…

property taken under execution or rent attachment. In an action against a sheriff or other officer for the recovery of property taken under an execution or rent attachment the court may, upon the application of the defendant and of the party in whose favor the execution or rent a…

The sale of personal property upon which an execution is levied shall be suspended at the instance of any person, other than the defendant in the execution, claiming the property, who shall execute, with one (1) or more sureties sufficient for double its value, a bond to the plai…

For the purpose of taking the bond mentioned in KRS 426.640, the officer shall select three (3) disinterested housekeepers, and administer to them an oath to make a fair appraisement of each article of the property; whose appraisement, in writing, shall be recited in the bond.

The party to whom the bond is executed may move the court to which it is returned for a judgment thereon against all or any of the obligors or their representatives, having given to them ten days' notice of the motion. The court shall direct a jury to be impaneled, and may cause …

Upon the trial of the motion, either party may object that the property was not fairly appraised; and, thereupon, the jury trying the facts shall hear evidence respecting, and find, the value of the property.

The giving of the bond mentioned in KRS 426.640 shall not discharge the levy of the execution upon the property claimed. But the officer may leave it, subject to the lien of the levy, with the person in whose possession it was found, pending the proceeding on the bond; and may, i…

Trials by juries summoned by sheriffs or other officers, of the right of property taken by them under execution or rent attachment, are abolished.

If an officer levy an execution upon personal property held by the execution debtor jointly with another person: (1) The officer shall not deprive such person, without his consent in writing, of the possession of the property, except for the purpose of having it inventoried and a…

(1) Before ordering a sale of real property for the payment of debt, the court must be satisfied by the pleadings, by an agreement of the parties, by affidavits filed, or by a report of a commissioner or commissioners, whether or not the property can be divided without materially…

property. The plaintiff in an action to enforce a lien on real property shall state in his petition the liens, if any, which are held thereon by others, and make the holders defendants; and no sale of the property shall be ordered by the court prejudicial to the rights of the hol…

If it be necessary to sell, for payment of debt, one or more parcels of personal property which, in the opinion of the officer making the sale, can not be divided without materially impairing the value thereof, he shall sell the whole property, though it bring more than the sum t…

Every sale made under an order of court must be public, either for cash or upon reasonable credits to be fixed by the court; and shall be made after such notice of the time, place and terms of sale as the order may direct; and, unless the order direct otherwise, shall be made at …

(1) The purchaser of property sold under an order of court shall give bond for the price, with good surety, approved by the officer making the sale, payable to him or to the person entitled to receive the money, as the court may direct; or, if the court make no order on the subje…

The purchaser of personal property sold under an order of court shall be entitled to it, upon complying with the terms of sale.

A lien shall exist on real property sold under an order of court, as security for the purchase money; and, upon payment thereof the clerk shall release the lien on the margin of the record of the deed in the office of the county clerk, or at the option of the county clerk, in a m…

requirements -- Methods of service -- Expiration of judgment lien. (1) A final judgment for the recovery of money or costs in the courts of record in this Commonwealth, whether state or federal, shall act as a lien upon all real estate in which the judgment debtor has any ownersh…

In KRS 426.950 to 426.975 "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this Commonwealth.

A copy of any foreign judgment authenticated in accordance with the Act of Congress or the statutes of this state may be filed in the office of the clerk of any court of competent jurisdiction of this state. The clerk shall treat the foreign judgment in the same manner as a judgm…

(1) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of the court an affidavit setting forth the name and the last known post office address of the judgment debtor, and the judgment creditor. (2) Promptly up…

(1) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or t…