Title XXXIX, Provisional Remedies, Enforcement of Judgments, and Exemptions
3 chapters · 163 sections in this title.
KRS § 427.005 Definitions
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As used in this chapter: (1) The term "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program. (2) The term "disposable e…
KRS § 427.010 Exempt personal property, health savings funds, and disposable earnings of individual debtors
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earnings of individual debtors. (1) The following personal property of an individual debtor resident in this state is exempt from execution, attachment, garnishment, distress or fee-bill: All household furnishings, jewelry, personal clothing and ornaments not to exceed three thou…
KRS § 427.020 Appraisement of defendant's property -- Selection by defendant
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The officer making the levy shall, prior to selling the defendant's property, ascertain the value of the property by an appraisal made by two (2) discreet, disinterested persons, one (1) appointed by the officer and one appointed by the defendant. The defendant may select which i…
KRS § 427.030 Debtor's tools exempt
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The tools, not exceeding three hundred dollars ($300) in value, of any individual debtor necessary in his trade are exempt from levy under execution, attachment, distress for rent or fee-bill. One (1) motor vehicle not exceeding two thousand five hundred dollars ($2,500) in value…
KRS § 427.040 Professional libraries and vehicle exempt
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The professional library, office equipment, instruments and furnishings of a minister, attorney, physician, surgeon, chiropractor, veterinarian, or dentist, necessary in the practice of such profession, and not exceeding one thousand dollars ($1,000) in value shall be exempt from…
KRS § 427.045 Exemptions not applicable to claims for child support
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The exemptions provided in KRS 342.180 and KRS 427.010 to 427.040 shall not apply for executions, attachments, or garnishments, issued for the collection of maintenance of minor children.
KRS § 427.050 Out-of-state law applicable when wages earned and payable out-of-state -- Exceptions
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Exceptions. (1) The law of the state wherein wages are earned and payable relating to exemptions shall apply to all garnishments served in the State of Kentucky, except that Kentucky law shall exclusively apply: (a) Where the defendant was personally served with process in the St…
KRS § 427.060 Homestead and burial plot exemptions -- Exceptions
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In addition to any exemption of personal property, an individual debtor's aggregate interest, not to exceed five thousand dollars ($5,000) in value, in real or personal property that such debtor or a dependent of such debtor uses as a permanent residence in this state, or in a bu…
KRS § 427.070 Right of spouse and children to homestead
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(1) The homestead shall be for the use of the widow as long as she occupies it, and the unmarried infant children of the husband are entitled to a joint occupancy with her until the youngest unmarried child arrives at full age. The termination of the widow's occupancy shall not a…
KRS § 427.080 Valuation and allotment of homestead exemption
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(1) No sale under execution, attachment or judgment of property occupied as a homestead shall be had until the officer executing the writ or judgment has the part thereof selected by the defendant as his homestead exemption, not to exceed five thousand dollars ($5,000) in value, …
KRS § 427.090 Payment of money in lieu of homestead exemption
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If the defendant in the execution, attachment or other action owns property levied on or sought to be subjected to the payment of any debt or liability, which, in the opinion of the appraisers, is of greater value than five thousand dollars ($5,000) and not divisible without grea…
KRS § 427.100 Waiver of homestead exemption -- Continuance after death
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No mortgage, release or waiver of an exemption granted by KRS 427.060 shall be valid unless it is in writing, subscribed by the defendant and his spouse, and acknowledged and recorded in the same manner as conveyances of real estate. The exemption in favor of an execution debtor …
KRS § 427.110 Insurance benefits -- Exemptions
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(1) Any money or other benefit to be paid or rendered by any assessment or cooperative life or casualty insurance company is exempt from execution or other process to subject such money or other benefit to the payment of any debt or liability of a policyholder. (2) Any money or o…
KRS § 427.125 Police and firefighters' pension funds -- Exempt from process in some cases
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from process in some cases. No portion of a pension fund created under KRS 95.761 to 95.784 shall, before or after its order for distribution by the board of trustees to the persons entitled thereto, be held, seized, taken, subjected to or detained or levied upon by virtue of any…
KRS § 427.130 Salaries of public officials and employees and sums due from governmental agencies are subject to attachment or garnishment -- Service of process
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governmental agencies are subject to attachment or garnishment -- Service of process. (1) Salaries or sums due state, county, city and school board officers and employees shall be subject to attachment or garnishment. (2) All sums due any person from the Commonwealth of Kentucky,…
KRS § 427.140 Employee may not be discharged for garnishment for one (1) indebtedness
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No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any one (1) indebtedness.
KRS § 427.150 Property totally or partially exempt
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(1) To the extent reasonably necessary for the support of an individual and his dependents in addition to property totally exempt under subsection (2) of this section, that individual shall be entitled to exemption of money or property received and rights to receive money or prop…
KRS § 427.160 Additional general exemption
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Solely for the purpose of applying the provisions of 11 U.S.C. sec. 522(b)(3)(A) in a federal bankruptcy proceeding, in addition to other exemptions provided in this chapter and only to the extent otherwise allowed by applicable federal law, every debtor shall have a general exem…
KRS § 427.170 Federal bankruptcy code exemptions applicable in Kentucky
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Solely for the purpose of applying the provisions of 11 U.S.C. sec. 522(b)(2) in a federal bankruptcy proceeding and only to the extent otherwise allowed by applicable federal law, an individual debtor domiciled in this state is authorized to exempt from property of said debtor's…
KRS § 427.180 Grain storage receipt or scale ticket as prima facie claim of right to possession
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possession. A claimant's production to a bankruptcy court of a grain storage receipt or scale ticket as evidence of ownership of a quantity of grain held by the trustee shall be sufficient to establish a prima facie claim of right to possession in such claimant of the quantity, q…
KRS § 427.990 Penalty
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Whoever willfully violates KRS 427.140 shall be fined not more than $1,000, or imprisoned not more than one (1) year, or both.