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

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…

(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…