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Form a Business

ENFORCEMENT OF JUDGMENTS

KRS tit. XXXIX, ch. 426
in effect

KRS 426.005 Personal judgment in action to enforce mortgage or lien -- When mortgage may be enforced

426.005. Personal judgment in action to enforce mortgage or lien -- When mortgage 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 without giving time to pay money or do other act. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. secs. 374, 376.

KRS 426.006 Other liens to be stated in action to enforce lien -- Cross claim

426.006. Other liens to be stated in action to enforce lien -- Cross claim 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 defendants fail to assert their claims. Such defendants shall not, however, be allowed to withdraw or receive any of the proceeds of such sale, until they have shown their right thereto by answer and cross claim, which shall be asserted as provided in the Rules of Civil Procedure. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, secs. 1 and 27, effective July 1, 1953, from C.C. sec. 692.

KRS 426.010 Execution against property may issue on personal judgment

426.010. Execution against property may issue on personal judgment 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. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1650.

KRS 426.020 Form of execution against property

426.020. Form of execution against property 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 our .... court hath recovered against him for debt, with interest thereon from the .... day of .... until paid; also the sum of $.... which to the said C D in the same court was adjudged for his costs in that suit expended, whereof he is convicted as appears to us of record, and that you have the said sums of money before our court on the .... day of ...., to render to the said C D his debt, interest and costs aforesaid and have then there this writ. Witness." Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1651.

KRS 426.030 Execution not to issue for ten days -- Exception

426.030. Execution not to issue for ten days -- Exception No execution shall issue on any judgment, unless ordered by the court, until after the expiration of ten days from the rendition thereof. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1653.

KRS 426.035 Execution may issue until barred by limitation

426.035. Execution may issue until barred by limitation 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. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 401.

KRS 426.040 Return of execution

426.040. Return of execution (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 of executions. (2) If an execution against property is satisfied the officer shall return thereon, in substance, "satisfied," unless it be by the sale of property in which case this fact must be stated. If satisfied in part, he must state what part and why the residue was not satisfied. If levied and no sale was made for want of bidders, or if no property has been found, he must state the facts. History: Amended 1976 Ky. Acts ch. 91, sec. 36. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1651.

KRS 426.050 Issuance of second or joint executions

426.050. Issuance of second or joint executions 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 judgment against several persons the execution must be joint. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1652.

KRS 426.060 Order of property sold when joint execution issued against personal representative, heir and devisee

426.060. Order of property sold when joint execution issued against personal 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; second, the estate descended to the heir; and third, the estate devised. The defendants may, in writing, direct the sale to take place in any order they desire. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1654.

KRS 426.070 Repealed, effective January 2, 1978

426.070. Repealed, effective January 2, 1978 Catchline at repeal: Executions of inferior courts. History: Repealed 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 491, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1655.

KRS 426.080 Counties to which executions may issue -- Liability for wrongful issuance

426.080. Counties to which executions may issue -- Liability for wrongful issuance (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 was found, as to all or part thereof. However, if the plaintiff or his agent or attorney makes and files with the clerk of the court in which the judgment was rendered an affidavit stating that the defendant in the judgment has not sufficient property subject to execution in the county in which the judgment was rendered, or in the county in which he resides, to satisfy the judgment, execution shall issue to any or as many counties as the plaintiff directs. (2) The plaintiff shall be liable to the defendant for any damage he sustains by the plaintiff's procuring an execution to issue wrongfully under the provisions of KRS 426.080 to 426.110. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1656.

KRS 426.090 Sheriff not required to leave county to return

426.090. Sheriff not required to leave county to return 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 sent in proper time and manner, the officer shall not be liable. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1657.

KRS 426.100 Plaintiff may designate agent to receive money

426.100. Plaintiff may designate agent to receive money 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 collected. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1658.

KRS 426.110 Execution from another county levied on land -- Duty of sheriff and clerk

426.110. Execution from another county levied on land -- Duty of sheriff and clerk 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 recording it, the clerk shall deliver the execution to the sheriff, who shall return it to the office of the court where it was issued. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1659.

KRS 426.120 Defendant's estate bound by execution from receipt by officer -- Time received to be noted -- Priority -- Apportionment

426.120. Defendant's estate bound by execution from receipt by officer -- Time 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 the day, month, year and time of day of its receipt by him. (2) If two or more executions are delivered to the officer on the same day against the same person, he shall satisfy that one first which first comes into his hands. (3) If two or more executions come to an officer's hands at the same time and he is unable to make the amounts thereof, he shall apportion the sum made among the several executions so coming to his hands according to their amounts. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1660, 4571.

KRS 426.130 Order in which property shall be levied on and sold

426.130. Order in which property shall be levied on and sold Property shall be liable to levy and sale under execution in the following order: First, personalty; second, land. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1692.

KRS 426.140 Personalty insufficient, land may be sold

426.140. Personalty insufficient, land may be sold 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. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1693.

KRS 426.150 Defendant may select property to be sold -- May surrender property not levied on

426.150. Defendant may select property to be sold -- May surrender property not 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 case the residue of the execution and costs, if any, shall be made out of the property levied on. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1694.

KRS 426.160 Personal property -- Time and place of sale -- Advertisement

426.160. Personal property -- Time and place of sale -- Advertisement 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 places in the vicinity of the place of sale, and by newspaper notice if required by KRS 426.560. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1695.

KRS 426.170 Growing crop -- When may be sold -- Passes with sale of land

426.170. Growing crop -- When may be sold -- Passes with sale of land 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 of the defendant in the land is liable to be sold, and is levied on and sold, the title to the growing crop may pass by the sale. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1696.

KRS 426.180 Railroads -- Property subject to execution -- Receiver to enforce judgment

426.180. Railroads -- Property subject to execution -- Receiver to enforce judgment (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 company in the hands of any officer, agent or employee may be subjected to the payment of debts in the same manner as similar property of individuals. (2) If an execution on a judgment against any company owning or operating any railroad in this state is returned by the proper officer showing no property found, in whole or in part, the plaintiff therein may institute an equitable action against the company in the circuit court of the county in which the judgment was rendered to place its road and property in the hands of a receiver. The court, upon a petition showing such return and the failure to pay the judgment, shall, upon the service of summons upon the company, appoint some suitable person as receiver of the company. (3) The receiver shall take possession and control of all the road and property belonging to and operated by the company, including all rolling stock. The receiver shall operate the road until he has collected a sum sufficient to pay the judgment and costs and the cost of the receivership, and he shall then surrender the road and property to the defendant. The receiver shall first pay out of the earnings and receipts of the road collected by him the necessary operating expenses, including what shall be necessary to keep the road in such repair that it can be safely and properly operated. A bond for the faithful performance of his duties with good and sufficient surety approved by the court shall be executed by the receiver before entering upon his duties. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 814.

KRS 426.190 Land liable to execution -- What interest defendant must have therein

426.190. Land liable to execution -- What interest defendant must have therein 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. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1681.

KRS 426.200 Sale of land -- Place of -- Advertisement -- Appraisement

426.200. Sale of land -- Place of -- Advertisement -- Appraisement (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 of sale by written notice describing the land to be sold, posted at the courthouse door and three other places in the vicinity of the land for fifteen days next preceding the sale, or by newspaper notice if required by KRS 426.560. (3) Before a sale of land, the officer shall have the land appraised, under oath, by two disinterested, intelligent housekeepers of the county, who may be sworn by him. If the appraisers disagree, the officer shall act as umpire. If a part of a tract only is sold, the part sold shall, after the sale, be revalued in like manner. The appraisal shall be in writing, signed by the persons making it, subject to inspection by the public prior to the sale, and returned with the execution. The officer shall refer to and explain the proceeding in his return on the execution, which return shall be recorded in full. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 39, sec. 1, effective July 12, 2012. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 428, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1682.

KRS 426.205 Sale of vacant and abandoned real property to enforce mortgage or lien -- Proof of vacancy and abandonment -- Confirmation of sale and conveyance of property

426.205. Sale of vacant and abandoned real property to enforce mortgage or lien -- 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 the court to be vacant and abandoned, a sale of the property shall be ordered expeditiously. (2) Real property shall be considered vacant and abandoned, for purposes of this section only, if there has been no legal resident or other person legally entitled to occupy the property residing at the property for a period of forty-five (45) or more consecutive days and two (2) or more of the following or similar circumstances which would lead a reasonable person to believe that the property is vacant exist: (a) Overgrown or dead vegetation; (b) Accumulation of flyers, mail, or trash; (c) Disconnected utilities; (d) The absence of window coverings or furniture; (e) Uncorrected hazardous conditions or vandalism; or (f) Statements of neighbors, delivery persons, or government employees that the property is vacant. Proof of vacancy and abandonment may be offered by affidavit filed at or after the time of filing of the complaint by the plaintiff or other lienholder. (3) If the court makes a finding in the order of sale that the property is vacant and abandoned, the master commissioner shall sell the property within seventy (70) days of the order. (4) The plaintiff or other mortgage or lienholder in whose favor the judgment and order of sale were entered shall apply for an order confirming the sale within twenty (20) days of the date of the sale and, unless there have been exceptions to the report of the master commissioner, the court shall act on such application not later than the next regularly scheduled civil motion or rule day. (5) The master commissioner shall make conveyance of the property on the date the court confirms the sale, or as soon thereafter as all costs and fees have been paid by the foreclosing mortgagee or lienholder, or as soon as a third-party purchaser has paid the purchase price. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 52, sec. 4, effective June 27, 2019. -- Created 2012 Ky. Acts ch. 93, sec. 1, effective July 12, 2012.

KRS 426.210 Defendant may designate tract or part of tract to be sold -- Duty of officer - - Title papers

426.210. Defendant may designate tract or part of tract to be sold -- Duty of officer - - 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 of such of the tracts as he may designate. This direction shall not preclude the officer from levying on and selling other property at the same time to supply any deficiency. Proper title papers shall be delivered to the officer with the directions. (2) If the whole tract is bid up to the amount required to be made on the execution, the defendant or his agent or attorney if present may designate what side or end of the land shall be sold. If no designation is made, the officer must declare which side or end he will sell, according to what he deems best for the interest of the defendant. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1683, 1687.

KRS 426.220 Redemption -- Right of -- Payment of money -- Possession of defendant

426.220. Redemption -- Right of -- Payment of money -- Possession of defendant (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 interest thereon. The defendant redeeming his land shall take a receipt from the purchaser and lodge it with the clerk of the court, which receipt shall be filed and recorded with the execution under which the sale was made. (2) The defendant may tender the redemption money to the purchaser or his agent or attorney, if in the county where the land lies or in the county where the judgment was obtained, and if the money is refused or if the purchaser does not reside in either of the counties, the defendant may, before the expiration of six (6) months, go to the clerk of the court where the execution issued and make affidavit of the tender and refusal or that the purchaser or his agent or attorney does not reside in the county where the land lies or where the execution issued, as he believes. He may then pay to the clerk the redemption money for the purchaser, and the clerk shall give a receipt therefor and file the affidavit with the execution in his office. (3) When the right of redemption exists, the defendant may remain in possession until the right of redemption expires. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 103, sec. 1, effective June 25, 2013. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1684.

KRS 426.230 Conveyance of land subject to redemption

426.230. Conveyance of land subject to redemption 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 with the clerk as provided in KRS 426.220, unless by court order or with the written assent of the defendant in the execution. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 103, sec. 2, effective June 25, 2013. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1685.

KRS 426.240 Redemption right may be sold -- Rights of defendant and purchaser

426.240. Redemption right may be sold -- Rights of defendant and purchaser 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, pay the prior purchaser his money and interest as provided in KRS 426.220, and be entitled to the land, subject to the rights of possession and redemption held by the defendant in the execution. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 103, sec. 3, effective June 25, 2013. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1686.

KRS 426.250 Conveyance to purchaser by sheriff

426.250. Conveyance to purchaser by sheriff 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. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1688.

KRS 426.260 Motion for possession by purchaser -- notice -- judgment

426.260. Motion for possession by purchaser -- notice -- judgment (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 the land is situated for a judgment for the possession of the land. If, upon the hearing of the motion, the court is of the opinion that the purchaser is entitled to the possession, it shall render a judgment accordingly and award possession, with costs. The proceedings on the motion shall be as provided in KRS 418.005 to 418.015, and Rule 6.03 of the Rules of Civil Procedure. (2) The notice referred to in subsection (1) of this section shall be in substance as follows: "A B to C D, notice: "You are hereby notified that I will, on the .... day of ...., 19.., enter a motion on the docket of the .... circuit court for a judgment for the possession of certain lands situated in .... county, Kentucky, which lands are described as follows, viz.: (description), being the same lands bought by me at a sale duly held under execution which issued from the office of the clerk of .... court in favor of ...., plaintiff, vs ...., defendant. (See execution book ...., execution No. ....) ...., A B." History: Amended 1976 Ky. Acts ch. 91, sec. 37. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1689.

KRS 426.270 Proceedings for possession if defendant had no title -- Damages

426.270. Proceedings for possession if defendant had no title -- Damages 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 sold had been given up by the defendant to the officer for levy and sale and the sale is set aside, the court shall render judgment against the defendant for ten percent damages upon the amount of the execution, including interest and cost. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1690.

KRS 426.280 Proceedings for possession if title of defendant equitable or encumbered

426.280. Proceedings for possession if title of defendant equitable or encumbered 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 execution creditor in the same manner as if there was a return of no property found. The court may cause such pleadings to be filed and parties brought before the court as may be necessary to a final equitable judgment in respect to the rights of all parties interested. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1691.

KRS 426.290 Sale of encumbered property under execution -- Rights of purchaser, creditor -- Redemption -- Bond of purchaser of personalty -- Control of courts

426.290. Sale of encumbered property under execution -- Rights of purchaser, 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 the property may be levied on and sold, subject to the encumbrance. (2) The purchaser at the sale shall acquire a lien on such property for the purchase money, and interest at the rate of ten percent per annum from the day of sale until paid, subject to any prior encumbrance. (3) Any other creditor, whether by judgment or otherwise, may, after such execution and sale, by equitable proceedings, subject the encumbered property to sale, and, after satisfying prior liens, have his demand satisfied out of the proceeds of the residue. The proceedings in equity shall be instituted before the purchaser has, by suit, enforced the lien provided for in subsection (2) of this section. (4) The defendant in the execution may redeem the property sold by paying the original encumbrance, with legal interest thereon, and by paying the purchaser his purchase money, with ten percent per annum interest thereon. (5) The purchaser of encumbered movable property shall, before possession is delivered to him, give an obligation with good surety payable to the encumbrancer and the owner, stipulating that the property shall not be removed out of the county and shall be preserved and forthcoming, unavoidable accidents excepted, to answer the encumbrance, and for redemption, and deliver the obligation to the officer to be returned with the execution. (6) Courts of equity shall have control of all encumbered property sold under execution, and may make all needful orders for the preservation and forthcoming of the property and its issues and profits, to satisfy the encumbrance and to secure the rights of others. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1709.

KRS 426.295 Form of judgment in action for possession of specific personal property

426.295. Form of judgment in action for possession of specific personal property 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 thereof, judgment for the defendant may be for the return of the property, or its value if a return can not be had, and damages for the taking and withholding of the property. There shall be no pre-judgment attachment of specific personal property except under the provisions of KRS Chapter 425. History: Amended 1976 Ky. Acts ch. 91, sec. 38. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 388.

KRS 426.300 Specific property -- Execution on judgment for

426.300. Specific property -- Execution on judgment for (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 property recovered. In either case, the execution shall embrace the damages assessed for the detention and costs. (2) The court may, upon satisfactory proof that the property recovered has perished, or that, without the fault of the defendant, it is out of his power to produce it, order the plaintiff to receive the assessed value in lieu of the property. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1665.

KRS 426.310 Livestock -- Execution on -- Quashed or stayed -- Duty and cost of caring for

426.310. Livestock -- Execution on -- Quashed or stayed -- Duty and cost of caring 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 collect them, subject to correction by the court. Upon the return of the execution, if either party desires, the court shall fix what the officer shall be allowed for his expenses, which shall be considered a part of the taxed costs in the case and collected accordingly. (2) If an execution levied on livestock is quashed, enjoined, superseded or suspended, the officer levying it may have his expenses allowed, and issue his fee-bill for and collect his expenses from the plaintiff in the execution. The expenses of the officer, except when the execution is quashed, shall form a part of the costs and be collected from the defendant if the stay or suspension be removed, or, if removed in part only, then in proportion to such part. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1666.

KRS 426.320 Sales invalid if made by fraud or collusion -- Proceedings to set aside -- When lien not affected

426.320. Sales invalid if made by fraud or collusion -- Proceedings to set aside -- 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. The parties affected by the motion shall have ten days' notice in writing, setting forth the grounds relied on for invalidating the sale. (2) Whenever a sale under execution is quashed, vacated or set aside, for any cause not affecting the validity of the execution, the lien created by the execution or the levy shall not be destroyed or affected but shall remain in full force and effect, and a writ as provided in KRS 426.440 may be issued and the property sold. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1710.

KRS 426.330 Purchase by officer at sale made by him void

426.330. Purchase by officer at sale made by him void 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 sale made for property so sold shall be void. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1711.

KRS 426.340 Duty of officer in advertising sale under execution -- Returning equitable writ -- Defense

426.340. Duty of officer in advertising sale under execution -- Returning equitable 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 chancery or equity which is placed in his hands to execute. (3) It shall be no defense to an action or motion against a collecting officer for failure of duty of himself or deputy that the plaintiff directed the officer to delay or in any way stay proceedings thereon unless the defense is supported by the written consent or request of the plaintiff or his agent or attorney. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1712, 1713, 1714.

KRS 426.350 Liability of officer for failing to make return in time -- Exceptions

426.350. Liability of officer for failing to make return in time -- Exceptions (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 devisees of either, be liable jointly and severally to the plaintiff in the execution for the amount of the execution, with thirty percent damages thereon and the costs of recovery. The remedy shall be the same as provided in KRS 426.360. (2) The provisions of subsection (1) of this section shall not apply to any case in which the collecting officer had, at the commencement of the proceeding, paid the plaintiff the amount of the execution. If he had paid in part, then the thirty percent damages shall only be adjudged against him upon the portion unpaid. (3) If the defendant in an execution is insolvent, and has no property in the county out of which the execution or any part thereof can be made, the collecting officer shall not be held liable for the amount of the execution for failing to comply with the provisions of subsection (1) of this section, but shall be liable for thirty percent of the amount of the execution. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1716, 1717, 1718.

KRS 426.360 Money collected by officer on execution -- Liability for failure to pay over - - Duty on stay of proceedings -- Remedies

426.360. Money collected by officer on execution -- Liability for failure to pay over - - 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 sureties or any one of them, or his personal representatives, heirs or devisees, shall be liable to such party for the amount collected and fifteen percent per annum interest thereon from the demand until paid, together with the costs of recovery, legal and extraordinary. The remedy shall be by motion or action in the court where the execution issued. Ten days' notice of the motion, specifying the grounds thereof, shall be given. (2) If the sheriff or a like officer collects any money under an execution in his hands, and the defendant obtains an injunction or other writ staying proceedings on the execution before the money is paid over to the plaintiff, the officer must pay the money or the part for which the execution is stayed to the defendant from whom it was collected. Any officer refusing to pay over money as herein directed shall be liable as provided in subsection (1) of this section. Effective: October, 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1715, 1719.

KRS 426.370 Payment on execution after return day -- Effect

426.370. Payment on execution after return day -- Effect 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 manner as if the payment were made before the return day. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4585.

KRS 426.380 Officer paying execution -- Assignment -- Substitution

426.380. Officer paying execution -- Assignment -- Substitution 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 favor of a surety paying a judgment. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4671.

KRS 426.381 Proceedings for discovery and satisfaction of judgment

426.381. Proceedings for discovery and satisfaction of judgment (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 plaintiff in the execution may by an amended and supplemental petition filed in the action have the same redocketed and join with the execution defendant or defendants any person believed to be indebted to him or them, or to hold money or other property in which he or they have an interest, or to hold evidences or securities for the same. Upon the filing of such amended petition the case shall be transferred to the equity docket and summons issued thereon. In such supplemental proceeding or in a separate suit in equity against such parties (at his option) the plaintiff may have discovery and disclosure from the judgment creditor and his debtor or bailee, and may have any property discovered, or a sufficiency thereof, subjected to the satisfaction of the judgment. (2) In such action the plaintiff may have an attachment against the property of the defendant in the execution, pursuant to the attachment procedures provided for in KRS Chapter 425. History: Amended 1976 Ky. Acts ch. 91, sec. 39. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. secs. 439, 441. -- C.C. sec. 439 amended and reenacted 1942 Ky. Acts ch. 100, sec. 1,

KRS 426.382 Answer to be verified -- Court may enforce discoveries

426.382. Answer to be verified -- Court may enforce discoveries 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. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 440.

KRS 426.383 Creation of lien on defendant's property

426.383. Creation of lien on defendant's property 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. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 422.

KRS 426.384 Court may compel surrender of property

426.384. Court may compel surrender of 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. History: Amended 1976 Ky. Acts ch. 91, sec. 40. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 443.

KRS 426.390 Repealed, 1976

426.390. Repealed, 1976 Catchline at repeal: Execution against the person; when allowed; form; return; estate liable. History: Repealed 1976 Ky. Acts ch. 91, sec. 46. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1661, 1662.

KRS 426.400 Repealed, 1976

426.400. Repealed, 1976 Catchline at repeal: Execution against the person; application for discharge; surrender of property; notice; schedule and oath. History: Repealed 1976 Ky. Acts ch. 91, sec. 46. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2180, 2184.

KRS 426.410 Repealed, 1976

426.410. Repealed, 1976 Catchline at repeal: Property held for creditors -- Sale -- Prosecution of actions -- Execution against property. History: Repealed 1976 Ky. Acts ch. 91, sec. 46. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2181, 2182.

KRS 426.420 Choses in action -- Petition for discovery -- Sale

426.420. Choses in action -- Petition for discovery -- Sale 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 orders for the transfer of title to the purchaser. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2185.

KRS 426.430 Judgments in equity -- How enforced -- Issuance and return of execution

426.430. Judgments in equity -- How enforced -- Issuance and return of execution 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. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1663.

KRS 426.440 Property levied on but unsold -- Writ authorizing and commanding sale -- Form of -- Proceedings

426.440. Property levied on but unsold -- Writ authorizing and commanding sale -- 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 substance as follows: "The Commonwealth of Kentucky, to the sheriff of .... County, greeting: We command you that you expose to sale the estate of A B to the value of $ ...., which, according to our command, you have taken into your hands, and which remains in your hands unsold, as you have certified to our .... court, to satisfy C D, the sum of $ ...., whereof in our said court he had recovered execution against the said A B, by virtue of a judgment in the said court, and that you have, and so forth." (3) Like proceedings shall be had on the writ as might and should have been had on the first execution. An officer may, at any time after the return day while the original execution is in his hands, sell any property taken in virtue thereof, provided the levy was made before the return day. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1664.

KRS 426.450 Replevy of judgment allowed before execution issues -- Form of bond

426.450. Replevy of judgment allowed before execution issues -- Form of bond (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 surety to be approved by the officer. (2) The bond, varied to suit the particular case, may be in substance as follows: "This day the defendant AB, together with CD, his surety come before the Clerk of the .... Court, and undertake that they will satisfy and pay EF or the Commonwealth of Kentucky, the judgment, including interest, if any, and costs amounting to $ ...., rendered against AB, by this Court, within three months with legal interest on the whole amount thereof from this date." Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 429, effective January 2, 1978. -- Amended 1976 Ky. Acts ch. 91, sec. 41. -- Amended 1966 Ky. Acts ch. 225, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1667.

KRS 426.460 Executions that may be replevied -- Form of bond

426.460. Executions that may be replevied -- Form of bond (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 amount thereof including interest, costs, and half commission up to that time. (2) The bond shall be in substance as follows: "We, A B, principal, and E F, surety, do bind ourselves, three (3) months after the date hereof, to pay C D, the plaintiff in execution, the sum of $ ...., to bear interest from this date, being the amount of an execution which issued from the clerk's office of the .... court, on the .... day of .... in favor of the said C D, for the sum of $ .... debt or damages, $ .... interest, $ .... cost of suit, $ .... sheriff's (or constable's) half commission, amounting in the whole to the sum of $ .... aforesaid, against the said A B; and we, A B and E F, his surety have hereby replevied the same. Witness our hands this .... day of ...., 19..." Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 430, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1669.

KRS 426.470 Judgments and executions that may not be replevied

426.470. Judgments and executions that may not be replevied 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 property or for the property or its value, shall not be replevied. An execution on a sale, replevin or forthcoming bond shall not be replevied. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1668.

KRS 426.480 Agreement to waive right to replevy

426.480. Agreement to waive right to replevy 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. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 432, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1670.

KRS 426.490 Sale bond -- Where no replevin and sale made on three months' time -- Form

426.490. Sale bond -- Where no replevin and sale made on three months' time -- 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 shall be in substance as follows: "We, A B, principal, and C D, surety, do bind ourselves to pay to E F, within three (3) months from the date hereof, the sum of $ ...., with interest thereon from this date, being the purchase money for (here set out the several items of the property so purchased, with the price of each) which was this day sold by G H, sheriff (or constable and so forth, as the case may be), of .... County, in satisfaction of an execution which issued from the office of the clerk of the .... court on the .... day of ...., in favor of E F against M O, for the sum of $ ...., debt of damages, with interest and costs. Given under our hands this .... day of .... 19..." Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 432, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1674.

KRS 426.500 Surplus proceeds of sale -- Disposition

426.500. Surplus proceeds of sale -- Disposition (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 provided for in KRS 426.490, for the excess. (2) If the property is sold for cash, any excess after satisfying the execution, charges and commissions shall be paid over by the officer to the defendant whose property is sold. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1675.

KRS 426.510 Motions authorized by KRS 426.010 to 426.500 or 426.990 -- Limitation

426.510. Motions authorized by KRS 426.010 to 426.500 or 426.990 -- Limitation 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. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1719.

KRS 426.520 Appraisal of real property before judicial sale

426.520. Appraisal of real property before judicial sale (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 sworn by the officer. If they disagree, the officer shall act as umpire. If only a part of a tract of land is sold, the part sold shall, after the sale, be revalued in like manner. (2) The appraisal made shall be in writing, signed by the persons making it, and returned by the commissioner or officer to the court which made the order or rendered the judgment for the sale of the property. Prior to the sale, the appraisal shall be filed among the papers of the cause in which the judgment was rendered or the order made, and entered on the records of the court. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 39, sec. 2, effective July 12, 2012. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2362, 2363.

KRS 426.522 Public, judicial sale of real or personal property -- When conducted by licensed auctioneer

426.522. Public, judicial sale of real or personal property -- When conducted by 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 jurisdic tion the sale is to be made may secure the services of an auctioneer licensed in this state to conduct the public sale, fix the auctioneer's fee, and order the fee to be paid out of the proceeds of the sale. The fee: (a) When the sale is the result of a foreclosure process initiated upon the request of a creditor or mortgage holder: 1. Shall not exceed ten percent (10%) of the sale price on sales of real property, which may be an auction premium or commission charged to the sale of the property; and 2. Shall not exceed twenty-five percent (25%) of the sale price on sales of personal property. Notwithstanding this subparagraph, the fee for sales of personal property may include an additional auction premium of up to ten percent (10%) of the sale price; (b) In the instance of any other court -ordered or court -decreed sale of real or personal property, shall be agreed upon between the auctioneer and the person making the request; and (c) Shall not include the fees and expenses provided for by rule of the Supreme Court under KRS 31A.010(4) that are incurred by the master commissioner for the sale. (2) Upon the request of the creditor or mortgage holder, when property is ordered to be sold by a court, the master commissioner, as described in KRS Chapter 31A, shall employ a licensed auctioneer to handle the sale upon terms and conditions acceptable to the creditor or mortgage holder. (3) If real property is sold at a public sale conducted by a licensed auctioneer, then the sale shall be conducted on the site of the re al property to be sold. Notwithstanding this subsection, the sale may be conducted at another location in the county in which the real property is located if the licensed auctioneer determines that is the best site for the sale. (4) If the master commissioner is also a licensed auctioneer, then the master commissioner shall not receive any extra fee for acting as an auctioneer, but shall receive fees in his or her capacity as master commissioner or special commissioner under KRS 31A.0 10(4). (5) This section shall not waive any provision of KRS 426.160, 426.200, or 426.560. (6) Nonforeclosure sales shall be conducted in a manner agreed to by the master commissioner or plaintiff and the auctioneer. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 113, sec. 1, effective July 15, 2026. -- Amended 2021 Ky. Acts ch. 151, sec. 2, effective June 29, 2021. -- Created 2011 Ky. Acts ch. 36, sec. 1, effective June 8, 2011.

KRS 426.525 Mortgage foreclosure forbidden -- Rights of mortgagee after default

426.525. Mortgage foreclosure forbidden -- Rights of mortgagee after default 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, harvesting crops, or letting the same, all to the account of the mortgagor; and any reasonable expenses incident thereto including taxes and insurance shall be added to the principal of the mortgage, and secured by it. For the purpose of this section, property shall be deemed to have been abandoned when the mortgagor has moved from the property and when by the nature of the property in question when further neglect or failure to attend will decrease its value. Any right a mortgagee acquires in a tenant's interest in crops raised on shares is inferior to any prior existing lien of the landlord on the tenant's interest. Nothing in this section shall be construed as conflicting with the provisions of KRS 383.110 or 426.205. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 93, sec. 2, effective July 12, 2012. -- Amended 1972 Ky. Acts ch. 90, sec. 1. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 375.

KRS 426.530 Right of redemption -- Manner of redeeming -- Purchaser to receive writ of possession and deed

426.530. Right of redemption -- Manner of redeeming -- Purchaser to receive writ 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, by paying the original purchase money and ten percent (10%) per annum interest thereon, and any reasonable costs incurred by the purchaser after the sale for maintenance or repair of the property, including but not limited to utility expenses, insurance, association fees, taxes, and the costs to conform the property to the minimum standards of local nuisance code provisions and other local ordinances as authorized in KRS 65.8801 to 65.8839. (2) The defendant shall pay the redemption money to the clerk of the court in which the judgment was rendered or the order of sale was made. Upon payment by the defendant, the master commissioner shall convey the real property to the defendant. (3) When the right of redemption exists, the purchaser shall receive an immediate writ of possession and a deed containing a lien in favor of the defendant, reflecting the defendant's right to redeem during the statutory period. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 86, sec. 16, effective July 15, 2016. -- Amended 2014 Ky. Acts ch. 107, sec. 1, effective July 15, 2014. -- Amended 1982 Ky. Acts ch. 216, sec. 1, effective July 15, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2364.

KRS 426.540 Redemption right may be sold -- Rights of purchaser and debtor -- Report of sale

426.540. Redemption right may be sold -- Rights of purchaser and debtor -- Report 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 from both purchasers for one (1) year from the first sale. The purchaser of the right of redemption may, before the end of a year from the first sale, pay the prior purchaser his purchase money and interest as provided in KRS 426.530, and shall then be entitled to the land, subject to the rights of possession and redemption held by the defendant in the execution. A sale made in pursuance of any such judgment or order shall be reported to the court by the commissioner or officer who made the sale, and the report shall state at what sum the property sold was appraised. If the report is not excepted to, the sale may be confirmed, but if the land is redeemed the confirmation shall thereafter be null and void. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2365.

KRS 426.550 Death of party after sale under court order -- Revivor not necessary

426.550. Death of party after sale under court order -- Revivor not necessary If, by the judgment of any court of this state, real property is sold and any party to the action dies after the sale is confirmed, or, if the court orders any conveyance of real property by a commissioner and a party to the proceedings dies before the conveyance is perfected, it shall not be necessary on that account to revive the action, but the sale or conveyance when perfected shall pass title to the same extent as if all the parties were living. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 521.

KRS 426.551 Issual of execution after death of plaintiff -- Who treated as plaintiff

426.551. Issual of execution after death of plaintiff -- Who treated as plaintiff (1) The death of a party, after recovering a judgment, shall not prevent the issuing of an execution afterward; but (a) Upon a judgment recovered by one (1) party, execution issued after his death must be in favor of his representative or successor who is entitled to the property for which the judgment was rendered. (b) Upon a judgment recovered by several parties, execution issued after the death of one must be in favor of the other. (c) Upon a judgment recovered by several parties, execution issued after the death of all of them must be in favor of the last survivor's representative or successor who would have been entitled to the property if the judgment had been recovered by such survivor only. (d) The clerk shall indorse on the execution the names of the decedent and of such survivor, representative or successor. (e) An execution issued in favor of a survivor, representative or successor of a decedent shall be subject to the control of the court whence it issued for the protection of any person interested therein. (2) Upon such execution, the person entitled thereto, according to the indorsement of the clerk, shall be treated by the sheriff as the plaintiff therein. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. secs. 402, 403.

KRS 426.552 Affidavit and other documents required before issuance of execution -- When bond required

426.552. Affidavit and other documents required before issuance of execution -- When bond required The clerk, before making the indorsements required by paragraph (d) of subsection (1) of KRS 426.551, shall require the person claiming right thereto to file an affidavit showing his right. If the affiant state that he is a personal representative or successor of a decedent, the clerk shall also require him to file a copy, properly certified, of his appointment as such by a competent tribunal in the United States; and, unless the appointment was made in Kentucky, the clerk shall also require of him a covenant, with good surety, that he will dispose, according to law, of any property which he may receive upon the execution. If the affiant state that he is a devisee of a decedent, the clerk shall require him to file a copy of the will, certified by a county clerk in this state in which the will or a copy is recorded. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 528, effective June 17, 1978. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 404.

KRS 426.553 Execution against surviving defendant

426.553. Execution against surviving defendant The death of a defendant shall not prevent the issuing of an execution against a surviving defendant. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 405.

KRS 426.554 Court may quash execution improperly issued

426.554. Court may quash execution improperly issued The court may, after reasonable notice, quash an execution on the ground that the representative or successor of a deceased plaintiff is not properly stated in the indorsement on the execution. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 433, effective January 2, 1978. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 406.

KRS 426.555 Procedure in case of death of execution defendant

426.555. Procedure in case of death of execution defendant (1) The death of a defendant after a sale of his property under execution shall not prevent a conveyance of the property. It shall be conveyed in the same manner and with the same effect as if he were living. (2) The levy of an execution is not discharged by the death of the defendant but is suspended according to the provisions of the next following subsection. (3) A judgment, or the levy of an execution, may be revived against the personal representative or successor of a defendant after the lapse of six (6) months from the time of the qualification of his first representative and against a real representative after the lapse of twelve (12) months from the time of the death of the defendant. If, however, owing to the perishable nature of the property levied on, or the cost of keeping it, a sale of it would be beneficial, the court may so order; and the proceeds shall be held subject to the order of the court on the rule for a revivor. (4) The revivor may be made upon a rule in the action, ten (10) days' notice of which shall be served in the same manner as summons. The motion for revivor shall be docketed and tried as other motions, and the court may cause execution to issue without delay. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 434, effective January 2, 1978. -- Transferred and amended 1952 Ky. Acts ch. 84, secs. 1 and 14, effective July 1, 1953, from C.C. sec. 407.

KRS 426.560 Newspaper advertisement required in execution and judicial sales

426.560. Newspaper advertisement required in execution and judicial sales In addition to the notices now required by statute to be posted, all public sales of any kind of property sold under execution, judgment or decree, shall, unless otherwise agreed upon by the parties, be advertised by publication pursuant to KRS Chapter 424. The advertisement shall state the time, place and terms of sale and describe the property to be sold. The newspaper advertisement shall not be necessary where the appraised value of the property to be sold is less than one hundred dollars ($100). History: Amended 1966 Ky. Acts ch. 239, sec. 229. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 14a-1.

KRS 426.570 Conveyances to be made by commissioner -- Deed of partition

426.570. Conveyances to be made by commissioner -- Deed of partition Unless otherwise specially ordered by the court, the master commissioner of a Circuit Court shall make all conveyances of real property that are authorized by law to be made by a commissioner of the Circuit Court. In the partition of land, there shall be but one (1) deed, unless otherwise ordered by the court. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 406.

KRS 426.571 When commissioner may convey real property -- Death of party after sale

426.571. When commissioner may convey real property -- Death of party after sale (1) Real property may be conveyed by a commissioner appointed by the court: (a) If by the judgment in an action a party be ordered to convey such property to another. (b) If such property have been sold under a judgment or order of the court and the sale confirmed. (2) The death of a party, after a sale, does not prevent a conveyance. It shall be made, and shall have the same effect, as if he were living. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 394.

KRS 426.572 Requisites of commissioner's deed

426.572. Requisites of commissioner's deed The deed of the commissioner shall refer to the judgment, orders and proceedings, authorizing the conveyance, so that the same may be readily found. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 395.

KRS 426.573 Title passed by deed made pursuant to judgment

426.573. Title passed by deed made pursuant to judgment A conveyance made in pursuance of a judgment shall pass to the grantee the title of the parties ordered to convey the land. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 396.

KRS 426.574 Title passed by deed made pursuant to order of sale

426.574. Title passed by deed made pursuant to order of sale A conveyance made in pursuance of a sale ordered by the court shall pass to the grantee the title of all the parties to the action or proceeding. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 397.

KRS 426.575 Court to examine and approve deed

426.575. Court to examine and approve deed A conveyance by a commissioner shall not pass any right, until it has been examined and approved by the court; which approval shall be indorsed on the conveyance, and recorded with it. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 398.

KRS 426.576 Commissioner to sign -- Names of parties to be stated

426.576. Commissioner to sign -- Names of parties to be stated It shall be necessary for the conveyance to be signed by the commissioner only, without affixing the names of the parties whose title is conveyed; but the names of such parties shall be recited in the conveyance. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 399.

KRS 426.577 Where deed to be recorded

426.577. Where deed to be recorded The conveyance shall be recorded where, by law it should have been recorded, had it been made by the parties whose title is conveyed by it. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 400.

KRS 426.580 Forthcoming bond for personalty levied on -- Form -- Effect

426.580. Forthcoming bond for personalty levied on -- Form -- Effect (1) The owner of personal property taken in execution may give to the levying officer a bond, with good surety, to have the property forthcoming at the time and place of sale, which shall specify each article of property and its value. (2) The bond shall be in substance as follows: "We, A B, principal, and C D, surety, do bind ourselves that the property mentioned in the following schedule and valuation, to-wit: ...., valued at .... dollars (naming each article and its value) shall be forthcoming at .... on the .... day of .... next, by the hour of twelve o'clock in the day. Witness our hands, ...., ....." (3) Upon the giving of the bond, the officer shall restore the possession of the property taken in execution to the defendant, to remain with him at his own risk and expense until the time stipulated for its delivery. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1671.

KRS 426.590 Failure to deliver property on forthcoming bond -- Return of officer -- Liability of surety -- Execution for balance due

426.590. Failure to deliver property on forthcoming bond -- Return of officer -- Liability of surety -- Execution for balance due (1) If the defendant in execution fails to pay or replevy the amount of the execution, and fails to deliver the property specified in the forthcoming bond or other property in its place sufficient to satisfy the execution and all costs and commissions, the officer shall return the execution and bond to the office where it was issued and endorse on the execution the levy, the giving of the bond, the particular property which is not forthcoming and all other facts. The surety on the forthcoming bond shall be liable only for the value of the property specified in the bond which is not forthcoming, with interest thereon from the date of the bond and the accruing costs. (2) If the property specified in a forthcoming bond is not of value sufficient to satisfy the execution and all costs and commissions, the proper officer may issue another execution and credit it with the value of the property specified in the bond. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1672.

KRS 426.600 Liability of officer for failure to return forthcoming bond

426.600. Liability of officer for failure to return forthcoming bond Any officer taking a forthcoming bond who fails to return it to the proper office for twenty (20) days after the failure to comply on the part of the defendant in execution shall, with his sureties, be liable to the plaintiff for the amount of the execution, costs and commission, and for an additional twenty percent (20%) thereon, to be recovered by action or motion against any one (1) or more of them or their representatives. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1673.

KRS 426.610 Bonds having the effect of a judgment -- General provisions for

426.610. Bonds having the effect of a judgment -- General provisions for (1) Every bond taken on the sale of property under an order of judgment in chancery or on the sale of property under execution, and every replevin and forthcoming bond, shall be signed by the principal and surety, and attested by the person taking the bond, or by someone in his presence. A bond so taken shall be returned to the proper office, with a report of the acts of the person taking it, and, if taken under an execution, the execution shall be returned with the bond. Every such bond shall have the force and effect of a judgment, and if not paid at maturity an execution may issue, which shall be endorsed that no surety of any kind is to be taken. (2) The officer taking any bond referred to in subsection (1) of this section, and his sureties, or their representatives, shall be jointly and severally liable to the person injured for any damage he may sustain by the officer taking as surety on the bond a person who was not solvent at the time. (3) If one of several obligors or obligees, in any bond referred to in subsection (1) of this section, dies before the bond is satisfied, execution may issue on the bond in the name of the surviving obligees, against the obligor or the survivor. If all the obligees in such a bond die, their personal representatives may, if the bond is not satisfied at maturity, sue out execution thereon against the obligors or their personal representatives if they are all dead, or, if only part are dead, against the survivor and the personal representatives of the deceased. (4) If any bond referred to in subsection (1) of this section is quashed, a new execution may issue on the original judgment at the instance of the plaintiff, in the same manner as if the bond had never been given. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1676, 1677, 1678, 1679, 1680.

KRS 426.615 Execution plaintiff may substitute for officer in action for recovery of property taken under execution or rent attachment

426.615. Execution plaintiff may substitute for officer in action for recovery of property taken under execution or rent attachment In an action against a sheriff or other officer for the recovery of property taken under an execution or rent attachment the court may, upon the application of the defendant and of the party in whose favor the execution or rent attachment is issued, permit the latter to be substituted as the defendant, security for the costs being given. History: Amended 1976 Ky. Acts ch. 91, sec. 42. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 32.

KRS 426.620 Repealed, 1976

426.620. Repealed, 1976 Catchline at repeal: Indemnity bond required before levy of execution. History: Repealed 1976 Ky. Acts ch. 91, sec. 46. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 641.

KRS 426.625 Repealed, 1976

426.625. Repealed, 1976 Catchline at repeal: Rights of officer if indemnity bond not given. History: Repealed 1976 Ky. Acts ch. 91, sec. 46. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 642.

KRS 426.630 Repealed, 1976

426.630. Repealed, 1976 Catchline at repeal: Action by claimant or purchaser must be upon indemnity bond. History: Repealed 1976 Ky. Acts ch. 91, sec. 46. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 643.

KRS 426.635 Repealed, 1952

426.635. Repealed, 1952 Catchline at repeal: Disposition of surplus proceeds of sale. History: Repealed 1952 Ky. Acts ch. 84, sec. 1. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 644.

KRS 426.640 Bond required for suspension of sale of personal property

426.640. Bond required for suspension of sale of personal property The sale of personal property upon which an execution is levied shall be suspended at the instance of any person, other than the defendant in the execution, claiming the property, who shall execute, with one (1) or more sureties sufficient for double its value, a bond to the plaintiff in the execution, to the effect that, if it shall be adjudged that the property or any part of it is subject to the execution, he will pay to the plaintiff the value of the property so subject, and ten percent (10%) thereon, not exceeding the amount due on the execution, and ten percent (10%) thereon. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 645.

KRS 426.645 Property to be appraised for purpose of taking bond

426.645. Property to be appraised for purpose of taking bond For the purpose of taking the bond mentioned in KRS 426.640, the officer shall select three (3) disinterested housekeepers, and administer to them an oath to make a fair appraisement of each article of the property; whose appraisement, in writing, shall be recited in the bond. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 646.

KRS 426.650 Repealed, 1984

426.650. Repealed, 1984 Catchline at repeal: Return of indemnity bond and appraisement to court. History: Repealed 1984 Ky. Acts ch. 111, sec. 199, effective July 13, 1984. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 435, effective January 2, 1978. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. 647.

KRS 426.655 Trial of motion for judgment on bond -- Judgment -- Execution

426.655. Trial of motion for judgment on bond -- Judgment -- Execution The party to whom the bond is executed may move the court to which it is returned for a judgment thereon against all or any of the obligors or their representatives, having given to them ten days' notice of the motion. The court shall direct a jury to be impaneled, and may cause such issues to be tried as it may prescribe, and direct which party shall be considered plaintiff in the issues. If the property, or any part of it, be found subject to the execution, judgment shall be rendered in favor of the plaintiff therein for the value of the property so subject and ten percent thereon, not exceeding the amount due on the execution and ten percent thereon. An execution may be issued upon the judgment forthwith, on which the same indorsement shall be made as on the execution in virtue of which the property had been seized. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 648.

KRS 426.660 Trial of objection to appraisement

426.660. Trial of objection to appraisement Upon the trial of the motion, either party may object that the property was not fairly appraised; and, thereupon, the jury trying the facts shall hear evidence respecting, and find, the value of the property. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 649.

KRS 426.665 Bond not to discharge levy -- Motion to discharge

426.665. Bond not to discharge levy -- Motion to discharge The giving of the bond mentioned in KRS 426.640 shall not discharge the levy of the execution upon the property claimed. But the officer may leave it, subject to the lien of the levy, with the person in whose possession it was found, pending the proceeding on the bond; and may, in the meantime, proceed with the execution against any other property of the defendant. The obligor in such bond may, however, on ten (10) days' notice to the plaintiff in the execution, move the court to which the bond is returned to discharge the same and release the levy under the execution. The provisions of KRS 426.655 and 426.660 shall, so far as applicable, govern the proceedings upon such motion. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 650.

KRS 426.670 Repealed, effective January 2, 1978

426.670. Repealed, effective January 2, 1978 Catchline at repeal: Provisions governing executions from quarterly or justices' courts. History: Repealed 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 491, effective January 2, 1978. -- Amended 1976 Ky. Acts ch. 91, sec. 43. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, from C.C. 651.

KRS 426.675 Certain jury trials of right of property abolished

426.675. Certain jury trials of right of property abolished Trials by juries summoned by sheriffs or other officers, of the right of property taken by them under execution or rent attachment, are abolished. History: Amended 1976 Ky. Acts ch. 91, sec. 44. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 659.

KRS 426.680 Procedure for levy of execution on jointly owned property

426.680. Procedure for levy of execution on jointly owned property If an officer levy an execution upon personal property held by the execution debtor jointly with another person: (1) The officer shall not deprive such person, without his consent in writing, of the possession of the property, except for the purpose of having it inventoried and appraised, which he shall cause to be done pursuant to the provisions of KRS 426.645; (2) The officer shall return the inventory and appraisement, with the execution, to the office from which it issued; and shall state in his return the facts connected with the levy, and the claim of the joint owner; (3) The execution creditor shall have a lien upon the property levied on, such as is given by law to an execution in the hands of an officer; and upon the aforesaid return, the creditor may enforce said lien by an action in equity; (4) If such creditor, at the commencement of his action or afterward, shall file an affidavit that he verily believes the property levied upon will be removed from the county or sold or otherwise disposed of with intent fraudulently to defeat his lien, the court, or the District Court if no Circuit Judge is available, may make an order directing the officer to possess himself of the property so levied upon, unless bond, with approved security, shall be executed to the plaintiff in the execution, binding the obligors in said bond to have the same forthcoming in obedience to any order or judgment of the court in the action; which bond shall be taken by the officer and returned by him to the court in which the action is pending. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 436, effective January 2, 1978. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 660.

KRS 426.685 Provisions governing sales by court order of indivisible real property

426.685. Provisions governing sales by court order of indivisible real property (1) Before ordering a sale of real property for the payment of debt, the court must be satisfied by the pleadings, by an agreement of the parties, by affidavits filed, or by a report of a commissioner or commissioners, whether or not the property can be divided without materially impairing its value, and may cause it to be divided, with suitable avenues, streets, lanes or alleys, or without any of them. (2) If it be necessary to sell, for the payment of debt, a parcel of real property which can not be divided without materially impairing its value, the officer shall sell the whole of it, though it bring more than the sum to be raised, and the court shall make proper orders for the distribution of the proceeds. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 694(1) and (2). -- C.C. sec. 694 amended 1916 Ky. Acts ch. 105, sec. 1.

KRS 426.690 Procedure in action to enforce lien where other liens exist against real property

426.690. Procedure in action to enforce lien where other liens exist against real property The plaintiff in an action to enforce a lien on real property shall state in his petition the liens, if any, which are held thereon by others, and make the holders defendants; and no sale of the property shall be ordered by the court prejudicial to the rights of the holders of any of the liens, and when it appears from the petition or otherwise, that several debts are secured by one (1) lien, or by liens of equal rank, and they are all due at the commencement of the action, or become so before judgment, the court shall order the sale for the pro rata satisfaction of all of them, but if, in such case, the debts be owned by different persons and be not all due, the court shall not order a sale of the property until they all mature. If all such liens be held by the same party, the court may order a sale of enough of the property to pay the debts then due, unless it appear that it is not susceptible of advantageous division, or that, for some other reason, the sale would cause a sacrifice thereof, or seriously prejudice the interests of the defendants, but the holder of a prior lien may enforce the same when the debt thereby secured is due, notwithstanding the existence of inferior liens, whether the debts secured thereby are due or not; and the holder of an inferior lien, when the debt thereby secured is due, may enforce the same by a sale of land subject to a prior lien or liens thereon, where the debt or debts secured thereby are not yet due. Provided, that the provisions of this section shall not apply to any liens now of record. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 694(3). -- C.C. sec. 694 amended 1916 Ky. Acts ch. 105, sec. 1.

KRS 426.695 Sale of indivisible personal property -- Payment of excess -- Proceeds

426.695. Sale of indivisible personal property -- Payment of excess -- Proceeds If it be necessary to sell, for payment of debt, one or more parcels of personal property which, in the opinion of the officer making the sale, can not be divided without materially impairing the value thereof, he shall sell the whole property, though it bring more than the sum to be raised; but he shall have no commission on the excess. The excess shall be paid to the defendant, or the bond therefor shall be payable to him. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 695.

KRS 426.700 Time, place and terms of sale -- Notice

426.700. Time, place and terms of sale -- Notice Every sale made under an order of court must be public, either for cash or upon reasonable credits to be fixed by the court; and shall be made after such notice of the time, place and terms of sale as the order may direct; and, unless the order direct otherwise, shall be made at the door of the courthouse of the county in which the property, or the greater part thereof, may be situated; and the notice of sale must state for what sum of money it is to be made. History: Amended 1970 Ky. Acts ch. 178, sec. 1. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 696.

KRS 426.705 Bond required of purchaser

426.705. Bond required of purchaser (1) The purchaser of property sold under an order of court shall give bond for the price, with good surety, approved by the officer making the sale, payable to him or to the person entitled to receive the money, as the court may direct; or, if the court make no order on the subject, they shall be made payable to the officer. (2) They shall bear interest from date at the rate the judgment bears. (3) They shall have the force of judgments; and on executions issued upon them no replevy shall be allowed, and sales shall be for cash. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 697.

KRS 426.710 Purchaser of personal property entitled to it

426.710. Purchaser of personal property entitled to it The purchaser of personal property sold under an order of court shall be entitled to it, upon complying with the terms of sale. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 698.

KRS 426.715 Lien on realty as security for purchase money -- Release

426.715. Lien on realty as security for purchase money -- Release A lien shall exist on real property sold under an order of court, as security for the purchase money; and, upon payment thereof the clerk shall release the lien on the margin of the record of the deed in the office of the county clerk, or at the option of the county clerk, in a marginal entry record kept for the same purpose. Each entry in the marginal entry record shall be linked to its respective referenced instrument in the indexing system for the referenced instrument. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 323, sec. 5, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 384, sec. 529, effective June 17, 1978. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 699.

KRS 426.720 Final judgment to act as lien on realty -- Judgment creditor's notice requirements -- Methods of service -- Expiration of judgment lien

426.720. Final judgment to act as lien on realty -- Judgment creditor's notice requirements -- Methods of service -- Expiration of judgment lien (1) A final judgment for the recovery of money or costs in the courts of record in this Commonwealth, whether state or federal, shall act as a lien upon all real estate in which the judgment debtor has any ownership interest, in any county in which the following first shall be done: (a) The judgment creditor, or the judgment creditor's counsel, shall file wit h the county clerk of any county a notice of judgment lien containing: 1. The court of record entering the final judgment; 2. The civil action number of the suit in which the final judgment was entered; 3. The date the final judgment was entered by the cou rt of record; and 4. The amount of the final judgment, including principal, interest rate, court costs, and any attorney fees; (b) The judgment creditor, or the judgment creditor's counsel, shall send to the last known address of the judgment debtor or the judgment debtor's attorney of record, by regular first class mail, postage prepaid, or shall deliver to the judgment debtor personally, a copy of the notice of judgment lien, which notice shall include: 1. The text of KRS 427.060; and 2. The following notice, or language substantially similar: "Notice to Judgment Debtor. You may be entitled to an exemption under KRS 427.060, reprinted below. If you believe you are entitled to assert an exemption, seek legal advice."; and (c) The judgment creditor, or the judgment creditor's counsel, shall certify on the notice of judgment lien that a copy thereof has been mailed to the judgment debtor in compliance with paragraph (b) of this subsection. (2) Except as provided in subsection (3) of this sect ion, a judgment lien created under this section: (a) Before June 29, 2023, shall expire upon the earlier of: 1. The expiration of the limitations period for the underlying final judgment under KRS 413.090; or 2. Ten (10) years after June 29, 2023; and (b) On or after June 29, 2023, shall expire ten (10) years after the date the final judgment was entered by the court of record. (3) The expiration of a judgment lien under subsection (2) of this section shall be postponed only if: (a) 1. At any time prior to the date of expiration: a. A proceeding is filed in a court of record in this Commonwealth, whether state or federal, to enforce the judgment lien; and b. The judgment creditor, or the judgment creditor's counsel, files a notice of the judgment lien enforc ement proceeding in the county where the notice of judgment lien is lodged for record. The notice required under this subparagraph shall contain the following information: i. The court of record in which the proceeding was filed; ii. The type of proceeding filed; iii. The case number of the proceeding; iv. The date the proceeding was filed; and v. A certification by the person filing the notice that he or she will comply with subparagraph 3. of this paragraph. 2. A judgment lien whose expiration has been postponed under this paragraph shall expire on the following date: a. The date a final judgment is entered in the proceeding to enforce the judgment lien; or b. The date the proceeding to enforce the judgment lien is dismissed. 3. Within ten (10) days of the date of expiration under subparagraph 2. of this paragraph, the judgment creditor, or the judgment creditor's counsel, shall file a notice in the county where the notice of judgment lien is lodged for record. The notice shall contain: a. The information about the judgment lien enforcement proceeding contained in the notice filed under subparagraph 1. of this paragraph; and b. The judgment lien expiration date, as determined under subparagraph 2. of this paragraph; or (b) 1. Not less than one hundred twenty (120) days prior to the date of expiration: a. A notice of judgment lien renewal is filed by the judgment creditor or the judgment creditor's counsel in the county where the notice of judgment lien is lodged for record. The notice of renewal of the judgment lien shall contain: i. All of the information required under subsection (1)(a) of this section; and ii. The amount of the judgment lien that remains unsatisfied; and b. The judgment creditor or the judgment creditor's counsel sends a copy of the notice of the judgment lien renewal filed under this paragraph to the last known address of the judgment debtor or the judgment debtor's attorney of record, by regular first class mail, postage prepaid, or by personal delivery to the judgment debtor. 2. A judgment lien may be extended one (1) time in the manner provided under this paragraph for a period not to exceed five (5) years from the date of the expiration established under subsection (2) of this section. (4) A county clerk shall enter the notices filed under this section in the lis pendens records of the clerk's office and shall so note the entry upon the original of the notices. (5) In any action involving real property which is subject to a judgment lien, service may be had upon the judgment creditor by serving the judgment creditor or the judgment creditor's counsel as shown in the notice of judgment lien. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 177, sec. 1, effective June 29, 2023. -- Amended 2013 Ky. Acts ch. 58, sec. 1, effective June 25, 2013. -- Created 1988 Ky. Acts ch. 318, sec. 1, effective July 15, 1988. Legislative Research Commission Note (6/25/2013). Under the authority of KRS 7.136(1), the Reviser of Statutes has modified the internal numbering of this statute from the way it appeared in 2013 Ky. Acts ch. 58, sec. 1. An internal reference was also changed to correspond to the new numbering system, but the words in the text were not changed.

KRS 426.950 Definition

426.950. Definition In KRS 426.950 to 426.975 "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this Commonwealth. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 317, sec. 1, effective July 13, 1990.

KRS 426.955 Filing and status of foreign judgments

426.955. Filing and status of foreign judgments A copy of any foreign judgment authenticated in accordance with the Act of Congress or the statutes of this state may be filed in the office of the clerk of any court of competent jurisdiction of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of any court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a court of this state and may be enforced or satisfied in like manner. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 317, sec. 2, effective July 13, 1990.

KRS 426.960 Notice of filing

426.960. Notice of filing (1) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of the court an affidavit setting forth the name and the last known post office address of the judgment debtor, and the judgment creditor. (2) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. (3) No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until twenty (20) days after the date the judgment is filed. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 317, sec. 3, effective July 13, 1990.

KRS 426.965 Stay

426.965. Stay (1) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered. (2) If the judgment debtor shows the court any ground upon which enforcement of a judgment of any court of this state would be stayed, including the ground that an appeal from the foreign judgment is pending or will be taken, or that the time for taking such an appeal has not yet expired, the court shall stay enforcement of the foreign judgment for an appropriate period until all available appeals are concluded or the time for taking all appeals has expired, upon requiring the same security for satisfaction of the judgment which is required in this state, subject to KRS 411.187. Effective: March 29, 2000 History: Amended 2000 Ky. Acts ch. 205, sec. 2, effective March 29, 2000. -- Created 1990 Ky. Acts ch. 317, sec. 4, effective July 13, 1990.

KRS 426.970 Filing fee

426.970. Filing fee A person filing a foreign judgment shall pay to the clerk of the court the amount as otherwise provided by law for filing suit in the courts of this state. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 317, sec. 5, effective July 13, 1990.

KRS 426.975 Right to bring action unimpaired

426.975. Right to bring action unimpaired The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under KRS 426.950 to 426.975 remains unimpaired. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 317, sec. 6, effective July 13, 1990.

KRS 426.990 Penalties

426.990. Penalties (1) Any officer who fails to advertise for sale property taken under execution as required by subsection (1) of KRS 426.340 may, on motion of either the plaintiff or the defendant in the execution, be fined by the court from which the execution issued not less than five dollars ($5) nor more than twenty dollars ($20), and costs, for the use of the party making the motion. The officer shall be given at least ten (10) days' notice, in writing, of the motion. The officer shall, in addition to the fine provided, be liable on his bond to the party aggrieved for damages. (2) Any officer who fails to return a writ as required by subsection (2) of KRS 426.340 may, on motion, be fined by the court from which the writ issued not more than fifty dollars ($50), for the use of the party injured. The officer shall be given at least three (3) days' notice, in writing, of the motion. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1712, 1714.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39296Fetched: 10/20/2026

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