PROVISIONAL REMEDIES

KRS tit. XXXIX, ch. 425

in effect

KRS 425.001 Exemption of surety on specified bonds

425.001. Exemption of surety on specified bonds No surety shall be required on any bond made for the purpose of the issuance of a temporary restraining order, writ of possession, or order of attachment pursuant to this chapter by any domestic bank, savings and loan institution, or institution which is a member of the Farm Credit System, as defined by 12 U.S.C. Section 2002. Effective: July 15, 1982 History: Created 1982 Ky. Acts ch. 135, sec. 1, effective July 15, 1982.

KRS 425.006 Definitions

425.006. Definitions As used in this chapter: (1) The term "judicial officer" means any judge or any commissioner or other officer appointed by the trial court to perform the duties required by this chapter. (2) The term "probable validity of the claim" means a claim in which it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim. (3) The term "dwelling" as used in this chapter means a mobile home, boat or similar property used as a place of residence. History: Created 1976 Ky. Acts ch. 91, sec. 1.

KRS 425.008 Information required for order of attachment or garnishment -- Addendum

425.008. Information required for order of attachment or garnishment -- Addendum (1) An order of attachment or garnishment of earnings on a judgment -debtor employee provided to a garnishee-employer shall, at a minimum, contain the following information clearly placed on a single page: (a) The debtor's name; (b) One (1) of the following: 1. The debtor's last known physical address; or 2. A statement that the debtor's last known physical address is unknown; (c) One (1) of the following: 1. The debtor's last known mailing address; 2. A statement that the debtor's last known mailing address is the same as the debtor's last known physical address; or 3. A statement that the debtor's last known mailing address is unknown; (d) The amount of the debt that is owed; (e) Information sufficient to identify the judgment on which the garnishment or attachment is based; (f) The name and contact information of the creditor's agent; (g) Where the employer is required to submit remittances; and (h) Any optional alternative remittance method. (2) (a) To properly match the judgment-debtor employee, a separate addendum may be used to provide sensitive identifying informat ion to the garnishee-employer in a manner that protects the employee's information from public inspection. (b) A separate addendum used under paragraph (a) of this subsection may include: 1. The debtor's date of birth; 2. One (1) of the following: a. The debtor's Social Security number; or b. A statement that the debtor's Social Security number is unknown; and 3. If the debtor's full Social Security number is unknown, any additional identifying information. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 98, sec. 3, effective July 15, 2026.

KRS 425.011 Motion for writ of possession -- Required allegations

425.011. Motion for writ of possession -- Required allegations (1) Upon filing of the complaint or at any time prior to judgment, in an action to recover the possession of specific personal property, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written motion for the writ with the court in which the action is brought. (2) The motion shall be executed under oath and shall include all of the following: (a) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a written instrument, a copy of the instrument shall be attached. (b) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best knowledge, information, and belief of the plaintiff the reason for the detention. (c) A particular description of the property and a statement of its value. A description of property sufficient under KRS 355.9-108 shall meet the requirement of this section. The statement of value may be as to the worth of the property as a whole. (d) A statement, according to the best knowledge, information and belief of the plaintiff, of the location of the property and if the property, or some part of it, is within a private place which may have to be entered to take possession a showing that there is probable cause to believe that such property is located there. Although such showing may be based on information and belief the judicial officer at the hearing herein provided must be presented with facts sufficient to show that the information and the informant are credible and reliable. (e) A statement that the property has not been taken for a tax assessment, or fine, pursuant to a statute; or seized under an execution against the property of the plaintiff; or if so seized, that it is by statute exempt from such seizure. (3) The requirements of subsection (2) of this section may be satisfied by one (1) or more affidavits filed with the application. Effective: July 1, 2001 History: Amended 2000 Ky. Acts ch. 408, sec. 185, effective July 1, 2001. -- Amended 1984 Ky. Acts ch. 158, sec. 1, effective July 13, 1984. -- Created 1976 Ky. Acts ch. 91, sec. 2.

KRS 425.012 Writ of possession

425.012. Writ of possession (1) Before a writ of possession shall be issued by the clerk, the person seeking the writ must first make a demand in writing at or after the time the suit is filed, by delivering such demand and a copy of the complaint, motion and summons to the defendant or by sending them to him by registered or certified mail, return receipt requested, to the last known place of residence, at least seven (7) and not more than sixty (60) days before such order is sought. The demand shall contain a statement in substance that the defendant has seven (7) days in which to petition the court for a hearing or in which to pay the amount claimed in the complaint in full, and that unless a hearing is set or the amount paid, a writ of possession will issue. The statement shall identify the court in which the suit has been filed, the grounds therefor, the date of the demand, the amount claimed, and the name and address of the plaintiff and his attorney. An affidavit of the plaintiff or his attorney evidencing compliance with this subsection shall be filed before a writ shall be issued. (2) The writ of possession shall be issued by the clerk upon compliance with subsection (1) of this section unless the defendant has requested a hearing, in which case a hearing shall be conducted pursuant to KRS 425.031. Effective: July 15, 1980 History: Repealed and reenacted as KRS 425.012, 1980 Ky. Acts ch. 188, sec. 296, effective July 15, 1980. -- Created 1978 Ky. Acts ch. 399, sec. 5, effective June 17, 1978. Formerly codified as KRS 425.312. Legislative Research Commission Note. A technical correction has been made in this section by the Reviser of Statutes pursuant to KRS 7.136.

KRS 425.031 Conduct of hearing

425.031. Conduct of hearing Upon request of a defendant or intervening party, the judicial officer shall conduct a hearing at which each party shall be provided the opportunity to present witnesses on his behalf and to cross-examine adverse witnesses. The parties shall have the right to compel the attendance of witnesses by subpoena and to be represented at the hearing by counsel. The judicial officer shall make his determination upon the evidence adduced at the hearing. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 158, sec. 2, effective July 13, 1984. -- Created 1976 Ky. Acts ch. 91, sec. 6.

KRS 425.036 Issuance of writ of possession

425.036. Issuance of writ of possession (1) At the hearing, the judicial officer shall issue a writ of possession if he finds both of the following: (a) The plaintiff has established the probable validity of his claim to possession of the property; and (b) The plaintiff has provided a bond as required by KRS 425.111. (2) No writ directing the levying officer to enter a private place to take possession of any property shall be issued unless the plaintiff has established that there is probable cause to believe that such property is located there. History: Created 1976 Ky. Acts ch. 91, sec. 7.

KRS 425.041 Order transferring possession

425.041. Order transferring possession If a writ of possession is issued, the judicial officer may also issue an order directing the defendant to transfer possession of the property to the plaintiff. History: Created 1976 Ky. Acts ch. 91, sec. 8.

KRS 425.046 Requirements of writ of possession

425.046. Requirements of writ of possession (1) The writ of possession shall meet all of the following requirements: (a) The writ shall be directed to the sheriff; (b) The writ shall describe the specific property to be seized in accordance with KRS 425.011(2)(c); (c) The writ shall specify any private place that may be entered to take possession of the property or some part of it; and (d) The writ shall direct the sheriff to levy on the property pursuant to KRS 425.091 if found and to retain it in his custody until released or sold pursuant to KRS 425.101. (2) The writ shall inform the defendant that he has the right to obtain redelivery of the property by filing a bond with one (1) or more sufficient sureties as prescribed by KRS 425.116 or that he has the right to except to the sureties upon the plaintiff's bond, a copy of which shall be attached to the writ. (3) The writ may at any time before judgment be directed to any county for the delivery of the property claimed. (4) The writ shall inform the defendant of his right to seek an order from the court, under KRS 425.081, to quash the writ and seek a release of the property seized. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 158, sec. 3, effective July 13, 1984. -- Created 1976 Ky. Acts ch. 91, sec. 9.

KRS 425.051 Ex parte motion -- Endorsement

425.051. Ex parte motion -- Endorsement (1) The plaintiff may apply ex parte in writing to the court in which the action was brought for an endorsement on the writ directing the sheriff to seize the property at a private place not specified in the writ. (2) The judicial officer shall make the endorsement if the plaintiff establishes by affidavit that there is probable cause to believe that the property or some part of it may be found at that place. History: Created 1976 Ky. Acts ch. 91, sec. 10.

KRS 425.056 Effect of failure of defendant to oppose writ or rebut evidence

425.056. Effect of failure of defendant to oppose writ or rebut evidence Neither the failure of the defendant to oppose the issuance of a writ of possession under this chapter nor his failure to rebut any evidence produced by the plaintiff in connection with proceedings under this chapter shall constitute a waiver of any defense to plaintiff's claim in the action or any other action or have any effect on the right of the defendant to produce or exclude evidence at the trial of any such action. History: Created 1976 Ky. Acts ch. 91, sec. 11.

KRS 425.061 Effect of determinations of judicial officer

425.061. Effect of determinations of judicial officer The determinations of the judicial officer under this chapter shall have no effect on the determination of any issues in the action other than the issues relevant to proceedings under this chapter, nor shall they affect the rights of any party in any other action arising out of the same claim. The determinations of the judicial officer under this chapter shall not be given in evidence nor referred to in the trial of any such action. History: Created 1976 Ky. Acts ch. 91, sec. 12.

KRS 425.066 Temporary restraining order -- Preliminary injunction

425.066. Temporary restraining order -- Preliminary injunction (1) At or after the time he files his motion for writ of possession, the plaintiff may apply for a temporary restraining order by setting forth in the motion a statement of grounds justifying the issuance of such order. (2) The judicial officer may issue a temporary restraining order if he determines that plaintiff's motion for writ of possession shows the probability that there is an immediate danger that the property claimed may become unavailable to levy by reason of being transferred, concealed, or removed or may become substantially impaired in value. (3) If at the hearing on issuance of the writ of possession the judicial officer determines that the plaintiff is not entitled to a writ of possession, the judicial officer shall dissolve any temporary restraining order; otherwise, he may issue a preliminary injunction to remain in effect until the property claimed is seized pursuant to the writ of possession. History: Created 1976 Ky. Acts ch. 91, sec. 13.

KRS 425.071 Prohibitions by temporary restraining order

425.071. Prohibitions by temporary restraining order In the discretion of the judicial officer, the temporary restraining order may prohibit the defendant from doing any of the following: (a) Transferring any interest in the property by sale, pledge, or grant of security interest, or otherwise disposing of or encumbering, the property. If the property is farm products held for sale or lease or is inventory, the order may not prohibit the defendant from transferring the property in the ordinary course of business, but the order may impose appropriate restrictions on the disposition of the proceeds from such transfer. (b) Concealing or otherwise removing the property in such a manner as to make it less available to seizure by the levying officer. (c) Impairing the value of the property either by acts of destruction or by failure to care for the property in a reasonable manner. History: Created 1976 Ky. Acts ch. 91, sec. 14.

KRS 425.076 Issuance of ex parte writ of possession

425.076. Issuance of ex parte writ of possession (1) A judicial officer, except as otherwise provided by statute, shall not issue an ex parte writ of possession unless it appears from facts shown by affidavit that great or irreparable injury would result to the plaintiff if issuance of the writ were delayed until the matter could be heard on notice. (2) The requirement of subsection (1) is satisfied if any of the following are known: (a) A danger that the property sought to be attached would be concealed or placed beyond the process of the court or substantially impaired in value if issuance of the order were delayed until the matter could be heard on notice. (b) The defendant gained possession of the property by wrongfully taking the property from the plaintiff. This provision shall not apply when the defendant has fraudulently appropriated property entrusted to him or obtained possession by false pretense or by embezzlement. (c) The property is a credit card. (d) Any other circumstances showing that great or irreparable injury would result to the plaintiff if issuance of the writ were delayed until the matter could be heard on notice. (3) The plaintiff's motion for the writ shall satisfy the requirements of KRS 425.011 and in addition shall include a showing that the conditions required by this section exist. The judicial officer may issue a writ of possession if he finds that the conditions required by this section exist and the requirements of KRS 425.036 are met. Where a writ of possession has been issued pursuant to this section, a copy of the summons and complaint, a copy of the motion for the writ of possession and any affidavit in support thereof shall be served upon persons required by KRS 425.096 to be served with a writ of possession. History: Created 1976 Ky. Acts ch. 91, sec. 15.

KRS 425.081 Motion to quash writ

425.081. Motion to quash writ (1) Any defendant whose property has been taken pursuant to a writ of possession issued under this chapter may apply for an order that the writ be quashed and any property levied on pursuant to the writ be released. Such application shall be made by noticed motion and the provisions of KRS 425.031. (2) Pending the hearing on the defendant's motion the judicial officer may order that delivery pursuant to KRS 425.101 of any property previously levied upon be stayed. If the judicial officer determines that the plaintiff is not entitled to a writ of possession, he shall quash the writ of possession and order the release of any property previously levied upon. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 158, sec. 4, effective July 13, 1984. -- Created 1976 Ky. Acts ch. 91, sec. 16.

KRS 425.086 Issuance of temporary restraining order in lieu of writ of possession -- Effect

425.086. Issuance of temporary restraining order in lieu of writ of possession -- Effect (1) In any case where the plaintiff has made a motion for a writ of possession under KRS 425.076 the court may in its discretion deny the motion for the writ and issue instead a temporary restraining order under this chapter if it determines that the requirements of subsection (3) of KRS 425.076 are satisfied but that the issuance of the temporary restraining order instead of the writ of possession would be in the interest of justice and equity to the parties, taking into account the effect on the defendant of issuing a writ of possession ex parte, the effect on the plaintiff of issuing the temporary restraining order instead of the writ and other factors that bear on equity and justice under the circumstances of the particular case. (2) If the court issues a temporary restraining order under this section, the plaintiff's motion for a writ of possession shall be treated as a motion for a writ of possession under KRS 425.011. History: Created 1976 Ky. Acts ch. 91, sec. 17. Legislative Research Commission Note. A technical correction has been made in this section by the Reviser of Statutes pursuant to KRS 7.136.

KRS 425.091 Levy on property

425.091. Levy on property (1) Except as otherwise provided in this section, upon receipt of the writ of possession the levying officer shall search for and take custody of the specified property, if it be in the possession of the defendant or his agent, either by removing the property to a place of safe keeping or upon order of the judicial officer by installing a keeper. (2) If the specified property is used as a dwelling, levy shall be made by placing a keeper in charge of the property for two (2) days at the plaintiff's expense, after which period the levying officer shall remove the occupants and any contents not specified in the writ and shall take exclusive possession of the property. (3) If the specified property or any part of it is in a private place, the levying officer shall at the time he demands possession of the property announce his identity, purpose and authority. If the property is not voluntarily delivered, the levying officer may cause any building or enclosure where the property may be located to be broken open in such a manner as he reasonably believes will cause the least damage and may call upon the power of any other law enforcement officers of the county to aid and protect him, but, if he reasonably believes that entry and seizure of the property will involve a substantial risk of death or serious bodily harm to any person he shall refrain from seizing the property and shall promptly make a return to the court from which the writ issued setting forth the reasons for his belief that the risk exists. In such case, the judicial officer shall make such orders as may be appropriate. (4) Nothing in this section authorizes the levying officer to enter or search any private place not specified in the writ of possession or other order of the judicial officer. History: Created 1976 Ky. Acts ch. 91, sec. 18.

KRS 425.096 Service of writ and bond by levying officer -- Attachment of property removed from the county

425.096. Service of writ and bond by levying officer -- Attachment of property removed from the county (1) At the time of the levy, the levying officer shall deliver to the person in possession of the property a copy of the writ of possession with a copy of the plaintiff's bond attached. (2) If no one is in possession of the property at the time of levy, the levying officer shall subsequently serve the writ and attached bond on the defendant or if he cannot be found the levying officer shall leave the writ and attached bond at the usual place of abode of the person in possession of the property. (3) If after a writ of possession has been placed in the hands of the sheriff, any property of the defendant be removed from the county the sheriff may pursue and attach it in another county within twenty-four (24) hours after the removal. History: Created 1976 Ky. Acts ch. 91, sec. 19.

KRS 425.101 Delivery of property -- Redelivery -- Levy upon perishable property -- Control of property

425.101. Delivery of property -- Redelivery -- Levy upon perishable property -- Control of property (1) After the levying officer takes possession pursuant to a writ of possession, he shall keep the property in a secure place. Except as otherwise provided by KRS 425.081: (a) If bond with sufficient surety for redelivery is not filed and plaintiff's sureties are not excepted to, the sheriff shall deliver the property to plaintiff ten (10) days after levy of the writ of possession, upon receiving his fees for taking and necessary expenses for keeping the property. (b) If a bond with sufficient surety is filed within ten (10) days after levy of the writ of possession and defendant's sureties are not excepted to, the sheriff or plaintiff, if plaintiff holds possession under subsection (3)(a) of this section shall redeliver the property to defendant upon expiration of the time to so except, upon receiving his fees for taking and necessary expenses for keeping the property not already paid or advanced by the plaintiff. (c) If the plaintiff's sureties are excepted to, or if a bond for redelivery is filed within ten (10) days after levy of the writ of possession and defendant's sureties are excepted to, the sheriff shall not deliver or redeliver the property until the time provided in KRS 425.121. (2) Notwithstanding subsection (1) of this section, where not otherwise provided by contract, upon a showing that the property is perishable or will greatly deteriorate or depreciate in value or for some other reason that the interests of the parties will best be served thereby, the judicial officer may order that the property be sold and the proceeds deposited in the court to abide the judgment in the action. (3) If it is impractical, or impossible, for the sheriff to retain possession and control of the property levied upon, he may: (a) Immediately, upon seizure, place the property in the hands of the plaintiff, who shall be required to keep the property in a secure place and manner within the Commonwealth of Kentucky for the mandatory ten (10) day holding period, subject to all provisions of paragraphs (1)(b) and (c) of this section, excepting those of expenses and fees. (b) If the property levied upon shall consist of all, or substantially all, of the property within a structure or area, not used as a dwelling, and upon the consent of any third party owner or occupant of the structure or area, levy the writ of possession by securing with locks, or other means, the place or area, and holding the property at the place or area where it is found and levied upon, provided that the defendant shall be afforded a reasonable right of access. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 158, sec. 5, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 188, sec. 294, effective July 15, 1980. -- Created 1976 Ky. Acts ch. 91, sec. 20.

KRS 425.106 Return of writ -- Procedure when claimed property has been disposed of or concealed

425.106. Return of writ -- Procedure when claimed property has been disposed of or concealed (1) The levying officer shall return the writ of possession with his proceedings thereon, to the court in which the action is pending within 30 days after levy but in no event more than 60 days after the writ is issued. (2) If it appears from the return of the writ of possession that the property claimed has been disposed of or concealed so that the writ cannot be executed, the court may compel the attendance of the defendant, examine him on oath as to the situation of the property, and punish a disobedience of its orders in this respect as in cases of contempt. History: Created 1976 Ky. Acts ch. 91, sec. 21.

KRS 425.111 Plaintiff's bond

425.111. Plaintiff's bond (1) The judicial officer shall not issue a temporary restraining order or a writ of possession until the plaintiff has filed with the court a written bond that, if the plaintiff fails to recover judgment in the action, the plaintiff shall return the property to the defendant, if return thereof be ordered, and shall pay all costs that may be awarded to the defendant and all damages referred to in subsection (2), not exceeding the amount of the bond. The bond shall be executed by one (1) or more sufficient sureties in an amount not less than twice the value of the property as determined by the judicial officer. This subsection may be satisfied by the posting of a cash bond. (2) The damages referred to in subsection (1) are all damages sustained by the defendant which are proximately caused by operation of the temporary restraining order and preliminary injunction, if any, the levy of the writ of possession, and the loss of possession of the property pursuant to levy of the writ of possession or in compliance with an order issued under KRS 425.036. History: Created 1976 Ky. Acts ch. 91, sec. 22.

KRS 425.116 Defendant's bond

425.116. Defendant's bond (1) The defendant or any other person claiming interest in the property, may prevent the plaintiff from taking possession of property pursuant to a writ of possession or regain possession of property so taken by filing with the court in which the action was brought, a written bond executed by one (1) or more sufficient sureties in an amount equal to either the amount of the plaintiff's bond required by KRS 425.111 or if there has been no judicial determination, the value of the property stated in the plaintiff's application for a writ of possession. The bond shall state that, if the plaintiff recovers judgment on the action, the defendant shall pay all costs awarded to the plaintiff and all damages that the plaintiff may sustain by reason of the loss of possession of the property, not exceeding the amount of the bond. The damages recoverable by the plaintiff pursuant to this section shall include all damages proximately caused by the plaintiff's failure to gain or retain possession. (2) The defendant's bond may be filed at any time before or after levy of the writ of possession. A copy of the bond shall be mailed to the levying officer and to the plaintiff. A certification stating that such copies have been mailed shall be filed with the court at the time the bond is filed. (3) The defendant's bond shall state the address to which a copy of the notice of exception to sureties may be sent. (4) If an undertaking for redelivery is filed and defendant's sureties are not excepted to, the levying officer shall deliver the property to the defendant, or, if the plaintiff has previously been given possession of the property, the plaintiff shall deliver such property to the defendant. If a bond for redelivery is filed and defendant's sureties are excepted to, the provision of KRS 425.101 shall apply. History: Created 1976 Ky. Acts ch. 91, sec. 23.

KRS 425.121 Exception to sureties -- Effect of failure to justify

425.121. Exception to sureties -- Effect of failure to justify (1) The defendant may except to the plaintiff's sureties not later than 10 days after levy of the writ of possession by filing with the court in which the action was brought a notice of exception to sureties and mailing a copy of the notice to the levying officer and to the plaintiff. The notice of exception filed with the court shall contain a certification that copies have been mailed to the levying officer and to the plaintiff. (2) The plaintiff may except to the defendant's sureties not later than 10 days after the defendant's bond is filed by filing with the court in which the action was brought a notice of exception to sureties and mailing a copy of the notice to the levying officer and to the defendant at the address set out in his bond. The notice of exception filed with the court shall contain a certification that copies have been mailed to the levying officer. (3) If the plaintiff or the defendant does not except to the sureties of the other as provided in this section he waives all objection to them. (4) When excepted to, the sureties shall justify that they are sufficient before a judicial officer of the court in which the action was brought at a time specified by the excepting party and in compliance with the rules of procedure. (5) If the plaintiff's sureties, or others in their place, fail to justify at the time and place appointed or do not qualify, the judicial officer shall vacate the temporary restraining order or preliminary injunction, if any, and the writ of possession and, if levy has occurred, order the levying officer to return the property to the defendant. If the plaintiff's sureties do qualify the judicial officer shall order the levying officer to deliver the property to the plaintiff. (6) If the defendant's sureties or others in their place fail to justify at the time and place appointed or do not qualify, the judicial officer shall order the levying officer to deliver the property to the plaintiff, or if the plaintiff has previously been given possession of the property he shall retain such possession. If the defendant's sureties do qualify, the judicial officer shall order the levying officer or the plaintiff to deliver the property to the defendant. History: Created 1976 Ky. Acts ch. 91, sec. 24.

KRS 425.126 Execution on transferable securities, security entitlements, or an option or right to acquire a security -- Requirements of the order -- Duty of corporate officials

425.126. Execution on transferable securities, security entitlements, or an option or right to acquire a security -- Requirements of the order -- Duty of corporate officials (1) If any claim be made by attachment, garnishment, or other judicial order to a security or security entitlement, as defined in KRS 355.8-102(1), such order shall not be valid as against any securities intermediary, as defined in KRS 355.8-102(1), or any issuer, as defined in KRS 355.8-201, or nominee or agent of either having any interest in, custody of, or control over such security or security entitlement, unless such order specifies the following: (a) For a security, the name of the issuer, the class or series of the security, or both, the number of shares or other units of interest represented by the security, the name of the debtor and the name of the person, if different from the debtor, having an account on the books of the securities intermediary or issuer in which such security is shown; (b) For an option or right to acquire a security, the name of the issuer, the class or series of the security in which the option or right to acquire exists, the name of the debtor and the name of the person, if different from the debtor, having an account on the books of the securities intermediary or issuer in which such option or right is shown; or (c) For a security entitlement, other than a security or an option or right to acquire a security, the name of the debtor and the name of the person, if different from the debtor, having an account on the books of the securities intermediary or issuer in which such security entitlement is shown. (2) An attachment, garnishment, or other judicial order of the kind described in subsection (1) of this section which does not set forth all the elements of identification required by subsection (1) of this section shall in no manner bind or give notice of such claim to any securities intermediary, as defined in KRS 355.8- 102(1), or any issuer, as defined in KRS 355.8-201, or nominee or agent of either having an interest in, custody of, or control over such security, or option or right to acquire such security, or security entitlement, and such securities intermediary, issuer, nominee, or agent may transfer, pledge, or in any manner deal with such security or option, or right to acquire such security or security entitlement in disregard of such order or claim without liability to the claimant. (3) It shall be the duty of every person mentioned in subsections (1) and (2) of this section to whom any plaintiff or any judgment creditor shall apply therefor, in good faith and for a proper purpose stated in the request, to furnish him or her a written statement setting forth any reasonably requested information in such person's possession, custody, or control that concerns the ownership of or records concerning ownership of a security, an option or right to acquire a security, or a security entitlement concerning a specifically identified person. The statement shall be provided within ten (10) days of receipt of the written request and a failure to perform this duty may be punished by the court as a contempt. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 155, sec. 4, effective July 15, 2010. -- Created 1976 Ky. Acts ch. 91, sec. 25.

KRS 425.301 Grounds for attachment in action for recovery of money

425.301. Grounds for attachment in action for recovery of money The plaintiff may, at or after the commencement of an action, have an attachment against the property of the defendant, including garnishees, as a security for the satisfaction of such judgment as may be recovered: (1) In an action for the recovery of money against: (a) A defendant who is a foreign corporation or nonresident of the state; or (b) Who has been absent herefrom for four (4) months; or (c) Has departed herefrom with intent to defraud his creditors; or (d) Has left the county of his residence to avoid the service of a summons; or (e) So conceals himself that a summons cannot be served upon him; or (f) Is about to remove, or has removed, his property, or a material part thereof, out of this state, not leaving enough therein to satisfy the plaintiff's claim, or the claims of said defendant's creditors; or (g) Has sold, conveyed, or otherwise disposed of, his property, or suffered or permitted it to be sold, with the fraudulent intent to cheat, hinder or delay his creditors; or (h) Is about to sell, convey, or otherwise dispose of his property, with such intent. But an attachment shall not be granted on the ground that the defendant is a foreign corporation, or a nonresident of this state, for any claim other than a debt or demand arising upon a contract, express or implied, or a judgment or award. (2) In an action for the recovery of money due upon a contract, judgment or award, if the defendant have no property in this state subject to execution, or not enough thereof to satisfy the plaintiff's demand, and the collection of the demand will be endangered by delay in obtaining judgment or a return of no property found; (3) Before an order of attachment shall issue prior to judgment, the person seeking the order must first make a demand in writing at or after the time the suit is filed, by delivering such demand and a copy of the complaint, motion and summons to the debtor or by sending them to him by registered or certified mail, return receipt requested, to his last known place of residence, at least seven (7) and not more than sixty (60) days before such order is sought. The demand shall contain a statement in substance that the debtor has seven (7) days in which to petition the court for a hearing or in which to pay the claim in full, and that unless a hearing is set or the claim paid, an order will be sought to subject his property to payment of the claim. The statement shall identify the court in which the suit has been filed, the grounds therefor, the date of the demand, the amount of the claim, and the name and address of the plaintiff and his attorney. An affidavit of the plaintiff or his attorney evidencing compliance with this section shall be filed before an order shall be issued. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 399, sec. 4, effective June 17, 1978. -- Created 1976 Ky. Acts ch. 91, sec. 26.

KRS 425.302 Application for release of attachment

425.302. Application for release of attachment Any defendant whose property is attached pursuant to an attachment issued under KRS 425.301, 425.306, or 425.308, may apply for an order that the attachment be quashed and any property taken, or attached, be released from the attachment. Such application shall be made by noticed motion. A defendant making a motion to quash pursuant to this section shall be entitled to an immediate hearing. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 158, sec. 7, effective July 13, 1984.

KRS 425.306 Grounds of attachment for debt or liability upon a contract

425.306. Grounds of attachment for debt or liability upon a contract (1) Before a debt or liability upon a contract becomes due or matures, an equitable action for indemnity may be brought by a creditor against his debtor; by a surety against his principal; or by one who is jointly liable with another for such debt or liability, against the latter: (a) If the defendant be about to depart from this state, and, with intent to defraud his creditors, have concealed or removed from this state his property, or so much thereof that the process of court, after judgment, cannot be executed. (b) If there exist against the defendant any of the grounds for an attachment which are mentioned in paragraphs (c), (d), (e), (f), (g) and (h) of subsection (1) of KRS 425.301. (2) Upon an action being filed, if the petition shows the existence of any of the grounds specified in paragraph (b) of subsection (1) of this section the court may order an attachment. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 188, sec. 295, effective July 15, 1980. -- Created 1976 Ky. Acts ch. 91, sec. 27.

KRS 425.307 Motion for order of attachment

425.307. Motion for order of attachment (1) Upon filing of the complaint or at any time prior to judgment, the plaintiff may apply pursuant to this chapter for an order of attachment by filing a written motion for the order with the court in which the action is brought. (2) The motion shall be executed under oath and shall include all of the following: (a) The nature of the plaintiff's claim; (b) That it is just; (c) The sum which the plaintiff believes he ought to recover; and (d) The existence of any of the grounds for an attachment set forth in KRS 425.301 or 425.306. (3) The order of attachment shall be issued by the clerk upon compliance with KRS 425.301(3) unless the defendant has requested a hearing, in which case a hearing shall be conducted pursuant to KRS 425.031. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 399, sec. 1, effective June 17, 1978.

KRS 425.308 Ex parte order of attachment, issuance

425.308. Ex parte order of attachment, issuance (1) A judicial officer, except as otherwise provided by statute, may issue an ex parte order of attachment if it appears from facts shown by affidavit that great or irreparable injury would result to the plaintiff if issuance of the order were delayed until the matter could be heard on notice. (2) The plaintiff's motion shall satisfy the requirements of KRS 425.307 and in addition shall include a showing that great or irreparable injury would result to the plaintiff if issuance of the order were delayed until the matter could be heard on notice. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 399, sec. 2, effective June 17, 1978.

KRS 425.309 Posting of bond by plaintiff -- Posting of bond by defendant -- Exceptions to sureties

425.309. Posting of bond by plaintiff -- Posting of bond by defendant -- Exceptions to sureties (1) An order of attachment shall not be issued until a bond has been executed by one (1) or more sufficient sureties of the plaintiff in an amount not less than double the amount of the plaintiff's claim. (2) Should the defendant post a bond, with sufficient sureties, insuring compliance with a final judgment, in an amount equal to the plaintiff's claim, including court costs and attorney's fees as stated in plaintiff's complaint, the attachment shall be dissolved and any proceeds of the attachment received by the plaintiff shall be returned to the defendant. (3) Exceptions to sureties shall be made in accordance with KRS 425.121. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 158, sec. 6, effective July 13, 1984. -- Created 1978 Ky. Acts ch. 399, sec. 3, effective June 17, 1978.

KRS 425.316 Examination

425.316. Examination (1) Any person owing debts to the defendant, or having in his possession or under his control any personal property belonging to the defendant, may be required to appear before the court and be examined on oath regarding such property. (2) If the person ordered to appear pursuant to this section fails to appear, the court may as in cases of contempt punish a disobedience. (3) After such examination, if the person admits that he is indebted to the defendant, or that he holds property belonging to the defendant, the court may order that such debt or property belonging to the defendant be attached in the manner and under the conditions provided by this chapter and that any amount owing be paid to the levying officer. If the person admits that he holds property which belongs to the defendant and in which he claims no interest the court may order that such property be delivered to the levying officer on such terms as may be just. History: Created 1976 Ky. Acts ch. 91, sec. 29.

KRS 425.501 Proceedings for obtaining order of garnishment

425.501. Proceedings for obtaining order of garnishment (1) Any person in whose favor a final judgment in personam has been entered in any court of record of this state may, upon the filing of an affidavit by him or his agent or attorney in the office of the clerk of the court in which the judgment was entered, and in the same cause in which said judgment was obtained showing the date of the judgment and the amount due thereon, and that one (1) or more named persons hold property belonging to, or are indebted to, the judgment debtor, obtain an order of garnishment to be served in accordance with the Rules of Civil Procedure. (2) The judgment plaintiff shall not be required to execute bond to obtain the order. (3) The order of garnishment shall be served on the persons named as garnishees, and in addition a copy thereof shall be delivered by the garnishee to the judgment debtor or mailed to him at his last known address, along with a processing fee in the amount of ten dollars ($10) paid by the judgment plaintiff. The processing fee may be retained by the garnishee regardless of whether the court finds that the garnishee was or was not, at the time of service of the order upon him, possessed of any property of the judgment debtor. (4) The judgment debtor may appear and claim the exemption of any property or debt that is exempt from execution, and on proof of exemption the garnishment shall be discharged as to the exempt property or debt. (5) If the court finds that the garnishee was, at the time of service of the order upon him, possessed of any property of the judgment debtor, or was indebted to him, and the property or debt is not exempt from execution, the court shall order the property or the proceeds of the debt applied upon the judgment. (6) Subsequent orders of garnishment against the same or other garnishees may be issued in the same manner until the judgment is satisfied. (7) The provisions of KRS Chapter 427 shall, as far as applicable, govern proceedings under the order. (8) The order of garnishment shall be served in accordance with the Rules of Civil Procedure. It shall summon the garnishees to answer in the action in the manner and at the time required for an answer by the Rules of Civil Procedure, and to make due return thereof. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 183, sec. 15, effective July 12, 2006. -- Amended 1984 Ky. Acts ch. 158, sec. 8, effective July 13, 1984. -- Created 1976 Ky. Acts ch. 91, sec. 30.

KRS 425.506 Attachment or garnishment of earnings -- Priority -- Order

425.506. Attachment or garnishment of earnings -- Priority -- Order (1) An order of garnishment of earnings, as defined in KRS 427.005, shall create a lien on all nonexempt earnings earned during the pay period in which the order is served on the employer and during those succeeding pay periods which may be designated by the order. (2) Orders of attachment or garnishment of earnings shall have priority according to the date of service on the employer, each inferior order taking effect as if served at the commencement of the next succeeding pay period not subject to a prior order; provided that no creditor shall cause two (2) orders to be served on the employer against the same employee in the same pay period. (3) The order shall be served on the employer in triplicate and shall have printed thereon an explanation of subsections (1) and (2) of this section, the percentage of the disposable earnings, as defined in KRS 427.005, exempted from the order by subsection (2) of KRS 427.010, and the percentage to be forwarded to the court. (4) The order shall have printed thereon the following directions to the employer: (a) That a copy of the order shall be delivered to the employee, a copy retained by the employer for his records, and a copy returned by the employer to the court. (b) That on the reverse side of the court copy shall be stated, under oath by the employer, the gross amount of earnings and the nonexempt amount of disposable earnings for the designated pay periods subject to the order. If no funds are due, the reasons therefor shall be given. (c) That the court copy of the order and the nonexempt amount of disposable earnings shall be forwarded to the court. Effective: July 15, 1988 History: Amended 1988 Ky. Acts ch. 103, sec. 1, effective July 15, 1988. -- Created 1976 Ky. Acts ch. 91, sec. 31.

KRS 425.511 Appearance of garnishee -- Failure to appear

425.511. Appearance of garnishee -- Failure to appear (1) Each garnishee summoned shall appear. The appearance may be in person; or by the affidavit of the garnishee, served and filed in the manner and at the time required for an answer by the Rules of Civil Procedure, disclosing truly the sum owing by him to the defendant, whether due or not, and the property of the defendant in the possession or under the control of the garnishee; and, in the case of a corporation, any shares of stocks therein held by or for the benefit of the defendant, at or after the service of the order of attachment. (2) If such garnishee or officer make default, by not appearing, the court may, on the motion of the plaintiff, compel him to appear in person for examination, by process as in cases of contempt; or it may hear proof of any debt owing or property held by the garnishee to or for the defendant, and make such order in relation thereto as if what is so proved had appeared on the examination of the garnishee or officer. History: Created 1976 Ky. Acts ch. 91, sec. 32.

KRS 425.516 Payment by garnishee -- Costs

425.516. Payment by garnishee -- Costs The garnishee may pay the money owing to the defendant by him, not exceeding the plaintiff's claim and costs, to the sheriff having in his hands the order of attachment, or into the court or to such person as the court may direct in accordance with the Rules of Civil Procedure; and to that extent he shall be discharged from liability to the defendant. He shall not be subjected to costs beyond those caused by his resistance of the claim against him; and, if he discloses the property of the defendant in his hands, or the true sum owing by him, and delivers or pays the same to the sheriff, or according to the order of the court, he shall be allowed his costs. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 158, sec. 9, effective July 13, 1984. -- Created 1976 Ky. Acts ch. 91, sec. 33.

KRS 425.521 Procedure if garnishee indebted to defendant

425.521. Procedure if garnishee indebted to defendant If a garnishee, or officer of a corporation summoned as a garnishee, appear in person, he may be examined on oath; and, if it be discovered on such examination that, at the service of the order of attachment upon him, he or the corporation was possessed of any property of the defendant, or was indebted to him, the court may order the delivery of such property, and the payment, or security for the payment, of the sum owing by the garnishee, into court, or to such person as it may direct--who shall give bond, with security, for the same; or the court may permit the garnishee to retain the property or the sum owing upon the execution of a bond with one (1) or more sufficient sureties, to the effect that the sum shall be paid, or the property be forthcoming, as the court may direct. Performance of such bonds, for the forthcoming of property, may be enforced, as in cases of contempt; upon such bonds for payment of money, execution may be issued as upon replevin bonds. History: Created 1976 Ky. Acts ch. 91, sec. 34.

KRS 425.526 Action by plaintiff against garnishee -- Attachment

425.526. Action by plaintiff against garnishee -- Attachment If a garnishee fails to make a disclosure satisfactory to the plaintiff, the latter may bring an action against him, by petition or amended petition, in the same manner, and the proceedings therein shall be the same as in other actions; and the plaintiff may procure an order of attachment in the same manner, and the proceedings thereupon shall be the same, as is hereinbefore and hereinafter authorized concerning attachments--except that the plaintiff's affidavit shall state, in addition to the facts required to be stated in KRS 425.301(3), the sum which the defendant owes to the plaintiff's debtor; and the plaintiff shall not be entitled to attach for or recover more than that sum and costs nor more than the amount of the plaintiff's claim against his debtor and costs. History: Created 1976 Ky. Acts ch. 91, sec. 35.

KRS 425.600 Appointment of receiver -- Appeal from order appointing or refusing to appoint -- Powers of receiver

425.600. Appointment of receiver -- Appeal from order appointing or refusing to appoint -- Powers of receiver (1) On the motion of any party to an action who shows that he has, or probably has, a right to, a lien upon, or an interest in, any property or fund, the right to which is involved in the action, and that the property or fund is in danger of being lost, removed or materially injured, the court may appoint a receiver, or order the master commissioner to take charge of the property or fund during the pendency of the action, and may order and coerce the delivery of it to him. The order of a court appointing or refusing to appoint a receiver, shall be deemed a final order for the purpose of an appeal; Provided, that such order shall not be superseded. (2) The receiver or master commissioner has, under the control of the court, power to bring and defend actions, respecting the property, to take and keep possession of the property, to receive rents, collect debts and generally to do such acts respecting the property as the court may authorize. (3) Any income accruing during the pendency of proceedings under this section shall follow the property upon final disposition of the case. Effective: January 2, 1978 History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 54, effective January 2, 1978.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39290Fetched: 10/20/2026