Title XXXI, Debtor-creditor Relations

Misapplication of proceeds. (1) Any mortgage taken to secure a loan made for the purpose of erecting, improving or adding to a building shall state such facts. (2) No person shall willfully misappropriate or misapply the proceeds received from such a loan.

payment of lien. If the owner of any legal or equitable interest in land or improvements thereon contracts for labor or material used in the erection, repair or improvement of any structure thereon under such circumstances that a lien for the payment therefor may attach to the pr…

lien waived. (1) Any contractor, architect or other person who builds, repairs or improves the property of another under such circumstances that a mechanic's or materialman's lien may be imposed on the property shall, from the proceeds of any payment received from the owner, pay …

surveyors' liens -- When lien not required of real estate broker -- Filing statement of amount claimed. (1) Any professional engineer, licensed architect, licensed landscape architect, real estate broker, or professional land surveyor who performs professional services or service…

property owner -- Form of statement. (1) Any lien provided for in KRS 376.010 shall be dissolved unless the claimant, within six (6) months after he ceases to labor or furnish materials, files in the office of the county clerk of the county in which the building or improvement is…

(1) Any lien provided for in KRS 376.010 shall be deemed dissolved unless an action is brought to enforce the lien within twelve (12) months from the day of filing the statement in the clerk's office, as required by KRS 376.080. If the debtor against whose property the lien is cl…

The owner or claimant of property against which a lien has been asserted, or any contractor or other person contracting with the owner or claimant of such property for the furnishing of any improvements or services for which a lien is created by this chapter or any subcontractor …

commissioner. (1) An action to enforce a lien provided for in KRS 376.010 shall be by equitable proceedings, and conducted as other proceedings in equity in similar cases except as otherwise provided. The petition shall allege the facts necessary to secure a lien, and shall descr…

(1) The commissioner shall immediately ascertain the name of each person who has filed a lien against the property sought to be subjected, and fix a time and place at which he will hear proof touching claims against the property. Any person holding a lien against the property, wh…

Auditing of accounts and report on claims. The commissioner shall issue subpoenas for witnesses to appear before him at his sittings, and upon their failure to attend he shall issue attachments as in other cases. The commissioner shall have the same power and authority as an exam…

(1) Any custom operator who performs a service on a farm, including but not limited to filling of silos, hay baling and crop spraying, by contract with, or by the written consent of the owner or manager of the farm, shall have a lien upon the farm crop involved to secure the cost…

lien. (1) Any person who performs labor or furnishes materials, supplies, fixtures, machinery or other things of value to a lessee holding or owning a leasehold, or any right conferred by a lease, relating to oil, gas or other minerals, in the development or improvement of the le…

company, manufacturing establishment or other business -- Of persons furnishing supplies for operation of a railroad. (1) When the property or effects of any mine, railroad or canal, or other public improvement company, or of any rolling mill, foundry or other manufacturing estab…

Any lien provided for in KRS 376.150 and 376.180 shall be superior to the lien of any mortgage or other encumbrance thereafter created, and shall be for the whole amount due the employees as such, or due for such materials or supplies. Liens of employees for wages coming due to t…

If the trustee or other person having the administration or distribution of the property or effects continues to operate the business, he shall, at the end of each calendar month, after payment of current expenses and any debt due the United States or this state, distribute the r…

Enforcement. When any company or establishment referred to in KRS 376.150 suspends, sells or transfers its business, or when the property or effects engaged in the business are taken in attachment or execution so that the business is stopped or suspended, a lien shall attach as p…

The plaintiff in an action to enforce a lien given by KRS 376.150 or 376.180 may unite with him as co-plaintiffs any similar lien-holders who consent thereto, and shall make all lien-holders and encumbrancers parties. Where the parties are numerous, any one (1) or more may be des…

As used in this section and in subsection (1) of KRS 376.210: (1) "Labor" includes all work done by teams, trucks, machinery, and mechanical equipment, whether the owner furnishes a driver or operator or not, but it shall not include labor performed by any officer, superintendent…

Assertion, filing, and enforcement. (1) Any person, firm, or corporation who performs labor or furnishes materials or supplies for the construction, maintenance, or improvement of any canal, railroad, bridge, public highway, or other public improvement in this state by contract, …

Liability of obligors on bond. (1) Any contractor or other person contracting with the public authority for the furnishing of any improvements or services for which a lien is created by KRS 376.210 or any person in privity with the contractor or other person may, at any time befo…

in excess of amount due. (1) The liens provided for in KRS 376.210 shall not be for a greater amount in the aggregate than the contract price of the original contractor, and should the aggregate amount of liens exceed the price agreed upon between the original contractor and the …

content of statement -- Duties and fees of clerk. (1) The lien provided for in KRS 376.210 shall be dissolved unless the person who furnishes the labor, materials, or supplies shall, whichever is later, within sixty (60) days after the last day of the month in which any labor, ma…

Upon the filing of the statement of lien provided for in subsection (2) of KRS 376.230 in the county clerk's office and the delivery of an attested copy thereof to the public authority making the contract for the improvement of any bridge, public highway or other public property …

payment to lien claimant -- Protest by contractor -- Suit by lien claimant. (1) When an attested copy of the lien statement and proof of the delivery of an attested copy as provided in KRS 376.240 is delivered to any public authority which has contracted for the construction or i…

(1) Any lien acquired under KRS 376.210 shall be enforced by proper proceedings in equity, to which other lien-holders shall be made parties. If a court action is filed to enforce a lien acquired under KRS 376.210 and the owner of the property is the state, a subdivision or agenc…

Priority -- Statement of lien -- Action to enforce -- Release of lien by execution of bond. (1) As used in this section, unless the context requires otherwise: (a) "Charges" means all rates, charges, and other amounts payable for services rendered by a municipal utility, includin…

As used in KRS 376.270 and 376.275: (1) "Contents" means personal items located in a motor vehicle, but does not include manufacturer-installed or after-market accessories permanently affixed to the motor vehicle; (2) "Motor vehicle" includes vessels used or designed for navigati…

statement with county clerk. Any person engaged in the business of selling, repairing or furnishing accessories or supplies for motor vehicles shall have a lien on the motor vehicle for the reasonable or agreed charges for repairs, work done or accessories or supplies furnished f…

civil action. (1) Any marina asserting a possessory lien pursuant to KRS 376.270 may enforce the lien by filing a civil action in the county in which the boat is located. (2) Prior to filing an action pursuant to subsection (1) of this section, the marina shall send, by certified…

under KRS 281.920 to 281.936 -- Forfeiture and sale of contents -- Exempted contents -- Limitation of storage or towing company's liability. (1) (a) Any person engaged in the business of storing or towing motor vehicles, who has complied with the notification requirements of KRS …

Definition of "boat." (1) Any boat or motor vehicle remaining in the possession of a person who has made repairs, performed labor or furnished accessories or supplies therefor and to whom the charges for such repairs, labor, accessories or supplies has been owing for a period of …

As used in KRS 376.270 and 376.280, "motor vehicle" shall include vehicles used or designed for navigation of or flight in the air, as well as those used or designed for operation on the public highways.

(1) Any person performing work upon any watch, clock or jewelry for a price shall have a lien upon that article for the amount due for the work. The lien shall include the value or agreed price of all materials furnished in connection with the work, whether added to the article o…

charges -- Notification and criteria for sale. (1) Any person who cleans, presses, glazes, launders, alters, or repairs any wearing apparel or household goods shall have a lien on the article remaining in his possession to secure the reasonable or agreed charge for the service. I…

(1) Any person who keeps any wearing apparel or household goods in storage, or who has performed any of the services mentioned in KRS 376.300 on such an article and then keeps it in storage, shall have a lien on the article as long as it remains in his possession. If the reasonab…

(1) The mailing of a registered letter with the return address marked thereon, addressed to the owner at the address given at the time of delivery of the article to the person rendering any service set out in KRS 376.300 or 376.310, stating the time and place of sale, shall const…

No person shall obtain a lien under KRS 376.300 or 376.310 unless at all times he keeps posted in prominent places in his receiving office two (2) notices which shall read as follows: "All articles cleaned, pressed, glazed, laundered, washed, altered or repaired and not called fo…

entertainment on personal property of guest for charges. Any keeper of a hotel, inn, boarding house or house of private entertainment shall have a lien on all baggage and other personal property owned and brought in by the person receiving board, nursing, care or attention from t…

Any person in whose favor a lien created by KRS 376.340 exists may, before the District Court of the county where the debt was created, by himself, agent or attorney, make affidavit of the amount due him and in arrear for services to the person receiving them and describing, as n…

(1) Any officer or employee, except the captain, employed on board a steamboat, brig, schooner, sloop or model barge shall have a lien on the vessel or on the engine, tackle, furnishing and apparel for their wages, whether contracted for or earned in or out of this state, with pr…

A steamboat or other vessel named in KRS 376.360 and its owner shall be liable to the party injured for any damage done by her through the willful or negligent conduct of her officers or crew while acting for her as such.

The lien given in KRS 376.360, and the liability provided for in KRS 376.370, may be enforced by attachment from the court having jurisdiction.

purchaser without notice. (1) Any person having a lien under KRS 376.360 to 376.380 against a vessel may unite in an action to enforce the lien, and any person having a lien who is not so united may, by petition filed by leave of court, become a plaintiff in any action pending to…

livestock cared for -- Conditions. (1) Any owner or keeper of a livery stable or other business providing for the care of animals, and a person feeding, grazing, or caring for any animal for compensation, shall, except as provided in subsection (2) of this section, have a lien fo…

Any person in whose favor a lien provided for in KRS 376.400 exists may, before the District Court of the county where the cattle were fed or grazed, by himself or agent, make affidavit of the amount due him and in arrears for keeping and caring for the cattle, and describing as …

(1) Any licensed keeper of a stallion, jack, or bull shall have a lien for the payment of the service fee upon the get of the stallion, jack, or bull, for one (1) year after the birth of the progeny. However, a lien created pursuant to KRS 376.400 shall take priority over a lien …