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

may be enforced. (1) In an action to enforce a mortgage or lien, judgment may be rendered for the sale of the property and for the recovery of the debt against the defendant personally. (2) In an action to enforce a mortgage or other lien, a sale of the property may be ordered wi…

The plaintiff in an action for enforcing a lien on property shall state in his petition the liens held thereon by others, making them defendants; and may ask for and obtain a judgment for a sale of the property to satisfy all of said liens which are shown to exist, though the def…

If a final judgment in personam is rendered in any court of record in this state for an ascertained sum of money, with interest and cost, or for either, an execution against property may issue thereon.

The form of an execution against property, varied to suit the particular case, may be in substance as follows: "The Commonwealth of Kentucky, to the sheriff of .... County, greeting: We command you that of the estate of A B, you cause to be made the sum of $.... which C D late in…

No execution shall issue on any judgment, unless ordered by the court, until after the expiration of ten days from the rendition thereof.

An execution may be issued upon a judgment at any time until the collection of it is barred by the statute of limitation, although no execution may have been previously issued within a year and a day.

(1) An execution against property by the levying officer shall be returnable to the court in which the action is pending within 30 days after levy but in no event more than 60 days after the execution is issued. Each court shall by an order of record appoint a monthly return day …

If an execution against property is issued and the plaintiff desires to take out another at his own cost, the clerk may issue it although the previous execution has not been returned. If the execution is returned in whole or in part not satisfied, a new one may issue. On a joint …

representative, heir and devisee. When an execution is issued jointly against a personal representative, an heir and a devisee, or any two of them, the officer in whose hands it is placed for collection shall sell, first, the estate in the hands of the personal representative; se…

(1) No execution against property shall issue to any other county than that in which the judgment was rendered, or that in which the defendant resides, until execution has issued to one of the counties named and has been returned endorsed by the proper officer that no property wa…

A sheriff shall not be required to go out of his county to return an execution in a civil case. He shall, if the plaintiff has no known agent or attorney in the county, keep a copy and mail the execution, with the return thereon, to the clerk of the court which issued it. When so…

When an execution is placed in the hands of an officer for collection, in a county in which the plaintiff does not reside, the plaintiff may, by endorsement on the execution, name an agent in the county to which the execution is directed, who may receive and receipt for the money…

Where an execution issued in one county is sent to another county where land is levied upon, the sheriff levying the execution shall deliver it to the clerk of the circuit court in his county, who shall record the same as executions are now required to be recorded. After recordin…

received to be noted -- Priority -- Apportionment. (1) An execution against property shall bind the estate of the defendant only from the time of its delivery to the proper officer to execute. The officer to whom the execution is delivered shall, on receipt of it, endorse thereon…

Property shall be liable to levy and sale under execution in the following order: First, personalty; second, land.

If there is not enough personal property, the officer may levy on land at the same time and sell a sufficiency thereof to satisfy the execution.

levied on. The defendant may, on the day of the sale, in writing, direct the property levied on to be sold in any succession he desires. He may produce other property or the title to land in the county not levied on and, by writing, direct the same to be sold first, and in that c…

Personal property may be sold at or in the vicinity of the place of levy in ten days after the levy. The time and place of sale and a description of the property shall be advertised, by posting written or printed notices ten days preceding the sale at three of the most public pla…

No crop shall be levied on or sold under execution, attachment or any other legal or equitable proceeding, except an attachment for rent or to secure a mortgage or statutory lien, unless it has been severed from the ground, until after October 1 in each year. But, if the estate o…

(1) The rolling stock and other movable property belonging to any railroad company in this state shall be considered personal property, and liable to execution and sale in the same manner as the property of individuals. The earnings, money and choses in action of any railroad com…

Land to which the defendant has a legal or equitable title in fee, for life or for a term, whether in possession, reversion or remainder, or in which the defendant has a contingent interest or a contingent remainder or a defeasible fee, may be taken and sold under execution.

(1) Land shall be sold under execution to the highest bidder at the courthouse door of the county in which it lies. Only so much land shall be sold as will satisfy the execution under which the sale is made. (2) The officer making the sale shall first advertise the time and place…

Proof of vacancy and abandonment -- Confirmation of sale and conveyance of property. (1) In an action otherwise properly brought to enforce a mortgage or lien against real property, including a lien pursuant to KRS 65.8801 to 65.8839 or KRS 65.8840, which has been determined by t…

- Title papers. (1) If the defendant in execution has an interest as provided in KRS 426.190 in several tracts of land in the same county, he or his agent or attorney may, by writing, direct an officer having an execution against him to make the amount of the execution first out …

(1) If land sold under execution does not bring two-thirds of its appraised value, the defendant and his representatives may redeem it within six (6) months from the day of sale, by paying the purchaser or his representative the original purchase money and ten percent per annum i…

Land sold under execution which is subject to redemption shall not be conveyed by the officer making the sale until the expiration of six (6) months from the sale, nor shall he convey after that period if the land has been redeemed or an affidavit made and the money deposited wit…

The right of redemption may be sold under execution. The land shall still be subject to redemption by the defendant, from both purchasers, for six (6) months from the first sale. The purchaser of the right of redemption may, before the end of six (6) months from the first sale, p…

The sheriff who sells land under execution or his deputy or successor shall, on demand, convey the title sold to the purchaser or his assignee, heirs or devisees, if the land is not redeemed and the redemption period has expired.

(1) The purchaser of land sold under execution and not redeemed, after obtaining a conveyance therefor may, upon ten (10) days' notice in writing to the defendant in the execution, whose lands have been sold, enter a motion on the docket in the circuit court of the county where t…

If, upon the trial of the motion provided for in KRS 426.260, it appears that the defendant had no title to the land sold under execution, the court may set the sale aside, quash the return of the officer, and award execution for the debt as if no sale had been made. If the land …

If it appears in the proceedings provided for in KRS 426.260, that the title of the defendant to the land sold was only equitable, or the land was encumbered by mortgage or lien, the court shall, if the purchaser requires it, subject the land to the payment of the debt of the exe…

creditor -- Redemption -- Bond of purchaser of personalty -- Control of courts. (1) If the defendant in an execution owns the legal title to any real or personal property on which a bona fide encumbrance created prior to the execution lien exists, the interest of the defendant in…

In an action for the possession of specific personal property, the plaintiff may have judgment for its delivery, if it can be had; and, if not, for its value and for damages for its detention. If the property have been delivered to the plaintiff, and the defendant claim a return …

(1) If a judgment is recovered for a specific thing, the plaintiff may have an execution issued thereon, commanding the proper officer to seize the property, and deliver it to the plaintiff. The plaintiff may, if he so elect, take an execution for the assessed value of the proper…

for. (1) If an execution is levied on livestock and no forthcoming or replevin bond is immediately given, the officer shall provide sufficient sustenance for the livestock levied on until it is legally disposed of. The officer shall make a fair estimate of his expenses and collec…

When lien not affected. (1) Sales made under execution by fraud or collusion may be set aside, in the court where the execution issued, on the motion of any person aggrieved or by petition in equity. If by motion, the proceeding must be commenced within one year from the sale. Th…

No officer shall, directly or indirectly, bid for or buy any property sold under an execution by him or his deputy, principal or codeputy. The right of property so sold and purchased by any such officer, or by another for his use, shall not thereby be changed. Any deed or bill of…

writ -- Defense. (1) No officer shall delay advertising property for sale, taken by him under execution, for more than twenty days after the levy. (2) No officer shall fail to return by the return day thereof any writ of execution or attachment for not performing a judgment in ch…

(1) Any sheriff or like officer, in whose hands a writ of execution is placed, who fails, without reasonable excuse, to return the writ to the office where it was issued within thirty days after the return day, shall, with his sureties or the personal representatives, heirs or de…

- Duty on stay of proceedings -- Remedies. (1) If a sheriff or other like officer receives money on any writ of execution or other process, and fails on proper demand to immediately pay the money to the party entitled thereto or to his agent or attorney, the officer and his suret…

Any payment made to a sheriff or other officer, or his deputy, on an execution after the return day and while the execution remains in his hands shall be a satisfaction to that extent. The officer and his sureties on his official bond shall be responsible therefor, in the same ma…

If a sheriff or other officer is compelled to pay an execution or any part of it, by reason of some default of his concerning the same, he shall be entitled to an assignment of the judgment, and a substitution in the place of the plaintiff in the same manner as is provided in fav…

(1) After an execution of fieri facias, directed to the county in which the judgment was rendered, or to the county of the defendant's residence, is returned by the proper officer, either as to the whole or part thereof, in substance, no property found to satisfy the same, the pl…

The answer of each defendant shall be verified by his oath, and not by that of an agent or attorney, and the court shall, if necessary, enforce full and explicit discoveries in such answers by process of contempt.

A lien shall be created on the property of the defendant by the levy of the attachment; or by service of the summons, with the object of the action indorsed thereon, on the person holding or controlling his property.

The court shall enforce the surrender of the money or securities therefor, or of any other property of the defendant in the execution, which may be discovered in the action; and the court may use its contempt power in enforcing surrender of the property.

Where choses in action are brought into court by virtue of a petition for discovery of assets instituted against an insolvent debtor, the court may order their sale upon the same terms as are prescribed for the sale of other personal property. The court shall make all needful ord…

A final order or judgment in equity for money, land or other specific thing may be enforced by any appropriate writ of execution, allowable on a judgment at law, or by the ancient practice of courts of chancery. The writ shall issue and be returnable as other writs of execution.

Form of -- Proceedings. (1) When the sheriff or other officer makes a return on an execution that the estate levied on, or any part thereof, remains in his hands unsold, a writ authorizing and commanding the sheriff to sell the property may issue. (2) The writ shall be in substan…

(1) Any person against whom a judgment for money is rendered, except as provided in KRS 426.470, may, if an execution thereon has not been placed in the hands of a collecting officer, replevy the judgment for three months before the circuit court clerk by giving bond with good su…