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

No surety shall be required on any bond made for the purpose of the issuance of a temporary restraining order, writ of possession, or order of attachment pursuant to this chapter by any domestic bank, savings and loan institution, or institution which is a member of the Farm Cred…

As used in this chapter: (1) The term "judicial officer" means any judge or any commissioner or other officer appointed by the trial court to perform the duties required by this chapter. (2) The term "probable validity of the claim" means a claim in which it is more likely than n…

Addendum. (1) An order of attachment or garnishment of earnings on a judgment-debtor employee provided to a garnishee-employer shall, at a minimum, contain the following information clearly placed on a single page: (a) The debtor's name; (b) One (1) of the following: 1. The debto…

(1) Upon filing of the complaint or at any time prior to judgment, in an action to recover the possession of specific personal property, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written motion for the writ with the court in which the a…

(1) Before a writ of possession shall be issued by the clerk, the person seeking the writ must first make a demand in writing at or after the time the suit is filed, by delivering such demand and a copy of the complaint, motion and summons to the defendant or by sending them to h…

Upon request of a defendant or intervening party, the judicial officer shall conduct a hearing at which each party shall be provided the opportunity to present witnesses on his behalf and to cross-examine adverse witnesses. The parties shall have the right to compel the attendanc…

(1) At the hearing, the judicial officer shall issue a writ of possession if he finds both of the following: (a) The plaintiff has established the probable validity of his claim to possession of the property; and (b) The plaintiff has provided a bond as required by KRS 425.111. (…

If a writ of possession is issued, the judicial officer may also issue an order directing the defendant to transfer possession of the property to the plaintiff.

(1) The writ of possession shall meet all of the following requirements: (a) The writ shall be directed to the sheriff; (b) The writ shall describe the specific property to be seized in accordance with KRS 425.011(2)(c); (c) The writ shall specify any private place that may be en…

(1) The plaintiff may apply ex parte in writing to the court in which the action was brought for an endorsement on the writ directing the sheriff to seize the property at a private place not specified in the writ. (2) The judicial officer shall make the endorsement if the plainti…

Neither the failure of the defendant to oppose the issuance of a writ of possession under this chapter nor his failure to rebut any evidence produced by the plaintiff in connection with proceedings under this chapter shall constitute a waiver of any defense to plaintiff's claim i…

The determinations of the judicial officer under this chapter shall have no effect on the determination of any issues in the action other than the issues relevant to proceedings under this chapter, nor shall they affect the rights of any party in any other action arising out of t…

(1) At or after the time he files his motion for writ of possession, the plaintiff may apply for a temporary restraining order by setting forth in the motion a statement of grounds justifying the issuance of such order. (2) The judicial officer may issue a temporary restraining o…

In the discretion of the judicial officer, the temporary restraining order may prohibit the defendant from doing any of the following: (a) Transferring any interest in the property by sale, pledge, or grant of security interest, or otherwise disposing of or encumbering, the prope…

(1) A judicial officer, except as otherwise provided by statute, shall not issue an ex parte writ of possession unless it appears from facts shown by affidavit that great or irreparable injury would result to the plaintiff if issuance of the writ were delayed until the matter cou…

(1) Any defendant whose property has been taken pursuant to a writ of possession issued under this chapter may apply for an order that the writ be quashed and any property levied on pursuant to the writ be released. Such application shall be made by noticed motion and the provisi…

Effect. (1) In any case where the plaintiff has made a motion for a writ of possession under KRS 425.076 the court may in its discretion deny the motion for the writ and issue instead a temporary restraining order under this chapter if it determines that the requirements of subse…

(1) Except as otherwise provided in this section, upon receipt of the writ of possession the levying officer shall search for and take custody of the specified property, if it be in the possession of the defendant or his agent, either by removing the property to a place of safe k…

removed from the county. (1) At the time of the levy, the levying officer shall deliver to the person in possession of the property a copy of the writ of possession with a copy of the plaintiff's bond attached. (2) If no one is in possession of the property at the time of levy, t…

Control of property. (1) After the levying officer takes possession pursuant to a writ of possession, he shall keep the property in a secure place. Except as otherwise provided by KRS 425.081: (a) If bond with sufficient surety for redelivery is not filed and plaintiff's sureties…

or concealed. (1) The levying officer shall return the writ of possession with his proceedings thereon, to the court in which the action is pending within 30 days after levy but in no event more than 60 days after the writ is issued. (2) If it appears from the return of the writ …

(1) The judicial officer shall not issue a temporary restraining order or a writ of possession until the plaintiff has filed with the court a written bond that, if the plaintiff fails to recover judgment in the action, the plaintiff shall return the property to the defendant, if …

(1) The defendant or any other person claiming interest in the property, may prevent the plaintiff from taking possession of property pursuant to a writ of possession or regain possession of property so taken by filing with the court in which the action was brought, a written bon…

(1) The defendant may except to the plaintiff's sureties not later than 10 days after levy of the writ of possession by filing with the court in which the action was brought a notice of exception to sureties and mailing a copy of the notice to the levying officer and to the plain…

right to acquire a security -- Requirements of the order -- Duty of corporate officials. (1) If any claim be made by attachment, garnishment, or other judicial order to a security or security entitlement, as defined in KRS 355.8-102(1), such order shall not be valid as against an…

The plaintiff may, at or after the commencement of an action, have an attachment against the property of the defendant, including garnishees, as a security for the satisfaction of such judgment as may be recovered: (1) In an action for the recovery of money against: (a) A defenda…

Any defendant whose property is attached pursuant to an attachment issued under KRS 425.301, 425.306, or 425.308, may apply for an order that the attachment be quashed and any property taken, or attached, be released from the attachment. Such application shall be made by noticed …

(1) Before a debt or liability upon a contract becomes due or matures, an equitable action for indemnity may be brought by a creditor against his debtor; by a surety against his principal; or by one who is jointly liable with another for such debt or liability, against the latter…

(1) Upon filing of the complaint or at any time prior to judgment, the plaintiff may apply pursuant to this chapter for an order of attachment by filing a written motion for the order with the court in which the action is brought. (2) The motion shall be executed under oath and s…

(1) A judicial officer, except as otherwise provided by statute, may issue an ex parte order of attachment if it appears from facts shown by affidavit that great or irreparable injury would result to the plaintiff if issuance of the order were delayed until the matter could be he…

to sureties. (1) An order of attachment shall not be issued until a bond has been executed by one (1) or more sufficient sureties of the plaintiff in an amount not less than double the amount of the plaintiff's claim. (2) Should the defendant post a bond, with sufficient sureties…

(1) Any person owing debts to the defendant, or having in his possession or under his control any personal property belonging to the defendant, may be required to appear before the court and be examined on oath regarding such property. (2) If the person ordered to appear pursuant…

(1) Any person in whose favor a final judgment in personam has been entered in any court of record of this state may, upon the filing of an affidavit by him or his agent or attorney in the office of the clerk of the court in which the judgment was entered, and in the same cause i…

(1) An order of garnishment of earnings, as defined in KRS 427.005, shall create a lien on all nonexempt earnings earned during the pay period in which the order is served on the employer and during those succeeding pay periods which may be designated by the order. (2) Orders of …

(1) Each garnishee summoned shall appear. The appearance may be in person; or by the affidavit of the garnishee, served and filed in the manner and at the time required for an answer by the Rules of Civil Procedure, disclosing truly the sum owing by him to the defendant, whether …

The garnishee may pay the money owing to the defendant by him, not exceeding the plaintiff's claim and costs, to the sheriff having in his hands the order of attachment, or into the court or to such person as the court may direct in accordance with the Rules of Civil Procedure; a…

If a garnishee, or officer of a corporation summoned as a garnishee, appear in person, he may be examined on oath; and, if it be discovered on such examination that, at the service of the order of attachment upon him, he or the corporation was possessed of any property of the def…

If a garnishee fails to make a disclosure satisfactory to the plaintiff, the latter may bring an action against him, by petition or amended petition, in the same manner, and the proceedings therein shall be the same as in other actions; and the plaintiff may procure an order of a…

appoint -- Powers of receiver. (1) On the motion of any party to an action who shows that he has, or probably has, a right to, a lien upon, or an interest in, any property or fund, the right to which is involved in the action, and that the property or fund is in danger of being l…

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…