§ 426.005 Personal judgment in action to enforce mortgage or lien — When mortgage may be enforced
§ 426.006 Other liens to be stated in action to enforce lien — Cross claim
§ 426.010 Execution against property may issue on personal judgment
§ 426.020 Form of execution against property
§ 426.030 Execution not to issue for ten days — Exception
§ 426.035 Execution may issue until barred by limitation
§ 426.040 Return of execution
§ 426.050 Issuance of second or joint executions
§ 426.060 Order of property sold when joint execution issued against personal representative, heir and devisee
§ 426.080 Counties to which executions may issue — Liability for wrongful issuance
§ 426.090 Sheriff not required to leave county to return
§ 426.100 Plaintiff may designate agent to receive money
§ 426.110 Execution from another county levied on land — Duty of sheriff and clerk
§ 426.120 Defendant’s estate bound by execution from receipt by officer — Time received to be noted — Priority — Apportionment
§ 426.130 Order in which property shall be levied on and sold
§ 426.140 Personalty insufficient, land may be sold
§ 426.150 Defendant may select property to be sold — May surrender property not levied on
§ 426.160 Personal property — Time and place of sale — Advertisement
§ 426.170 Growing crop — When may be sold — Passes with sale of land
§ 426.180 Railroads — Property subject to execution — Receiver to enforce judgment
§ 426.190 Land liable to execution — What interest defendant must have therein
§ 426.200 Sale of land — Place of — Advertisement — Appraisement
§ 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
§ 426.210 Defendant may designate tract or part of tract to be sold — Duty of officer — Title papers
§ 426.220 Redemption — Right of — Payment of money — Possession of defendant
§ 426.230 Conveyance of land subject to redemption
§ 426.240 Redemption right may be sold — Rights of defendant and purchaser
§ 426.250 Conveyance to purchaser by sheriff
§ 426.260 Motion for possession by purchaser — notice — judgment
§ 426.270 Proceedings for possession if defendant had no title — Damages
§ 426.280 Proceedings for possession if title of defendant equitable or encumbered
§ 426.290 Sale of encumbered property under execution — Rights of purchaser, creditor — Redemption — Bond of purchaser of personalty — Control of courts
§ 426.295 Form of judgment in action for possession of specific personal property
§ 426.300 Specific property — Execution on judgment for
§ 426.310 Livestock — Execution on — Quashed or stayed — Duty and cost of caring for
§ 426.320 Sales invalid if made by fraud or collusion — Proceedings to set aside — When lien not affected
§ 426.330 Purchase by officer at sale made by him void
§ 426.340 Duty of officer in advertising sale under execution — Returning equitable writ — Defense
§ 426.350 Liability of officer for failing to make return in time — Exceptions
§ 426.360 Money collected by officer on execution — Liability for failure to pay over — Duty on stay of proceedings — Remedies
§ 426.370 Payment on execution after return day — Effect
§ 426.380 Officer paying execution — Assignment — Substitution
§ 426.381 Proceedings for discovery and satisfaction of judgment
§ 426.382 Answer to be verified — Court may enforce discoveries
§ 426.383 Creation of lien on defendant’s property
§ 426.384 Court may compel surrender of property
§ 426.420 Choses in action — Petition for discovery — Sale
§ 426.430 Judgments in equity — How enforced — Issuance and return of execution
§ 426.440 Property levied on but unsold — Writ authorizing and commanding sale — Form of — Proceedings
§ 426.450 Replevy of judgment allowed before execution issues — Form of bond
§ 426.460 Executions that may be replevied — Form of bond
§ 426.470 Judgments and executions that may not be replevied
§ 426.480 Agreement to waive right to replevy
§ 426.490 Sale bond — Where no replevin and sale made on three months’ time — Form
§ 426.500 Surplus proceeds of sale — Disposition
§ 426.510 Motions authorized by KRS 426.010 to 426.500 or 426.990 — Limitation
§ 426.520 Appraisal of real property before judicial sale
§ 426.522 Public, judicial sale of real or personal property — When conducted by licensed auctioneer
§ 426.525 Mortgage foreclosure forbidden — Rights of mortgagee after default
§ 426.530 Right of redemption — Manner of redeeming — Purchaser to receive writ of possession and deed
§ 426.540 Redemption right may be sold — Rights of purchaser and debtor — Report of sale
§ 426.550 Death of party after sale under court order — Revivor not necessary
§ 426.551 Issual of execution after death of plaintiff — Who treated as plaintiff
§ 426.552 Affidavit and other documents required before issuance of execution — When bond required
§ 426.553 Execution against surviving defendant
§ 426.554 Court may quash execution improperly issued
§ 426.555 Procedure in case of death of execution defendant
§ 426.560 Newspaper advertisement required in execution and judicial sales
§ 426.570 Conveyances to be made by commissioner — Deed of partition
§ 426.571 When commissioner may convey real property — Death of party after sale
§ 426.572 Requisites of commissioner’s deed
§ 426.573 Title passed by deed made pursuant to judgment
§ 426.574 Title passed by deed made pursuant to order of sale
§ 426.575 Court to examine and approve deed
§ 426.576 Commissioner to sign — Names of parties to be stated
§ 426.577 Where deed to be recorded
§ 426.580 Forthcoming bond for personalty levied on — Form — Effect
§ 426.590 Failure to deliver property on forthcoming bond — Return of officer — Liability of surety — Execution for balance due
§ 426.600 Liability of officer for failure to return forthcoming bond
§ 426.610 Bonds having the effect of a judgment — General provisions for
§ 426.615 Execution plaintiff may substitute for officer in action for recovery of property taken under execution or rent attachment
§ 426.640 Bond required for suspension of sale of personal property
§ 426.645 Property to be appraised for purpose of taking bond
§ 426.655 Trial of motion for judgment on bond — Judgment — Execution
§ 426.660 Trial of objection to appraisement
§ 426.665 Bond not to discharge levy — Motion to discharge
§ 426.675 Certain jury trials of right of property abolished
§ 426.680 Procedure for levy of execution on jointly owned property
§ 426.685 Provisions governing sales by court order of indivisible real property
§ 426.690 Procedure in action to enforce lien where other liens exist against real property
§ 426.695 Sale of indivisible personal property — Payment of excess — Proceeds
§ 426.700 Time, place and terms of sale — Notice
§ 426.705 Bond required of purchaser
§ 426.710 Purchaser of personal property entitled to it
§ 426.715 Lien on realty as security for purchase money — Release
§ 426.720 Final judgment to act as lien on realty — Judgment creditor’s notice requirements — Methods of service — Expiration of judgment lien
§ 426.950 Definition
§ 426.955 Filing and status of foreign judgments
§ 426.960 Notice of filing
§ 426.965 Stay
§ 426.970 Filing fee
§ 426.975 Right to bring action unimpaired
§ 426.990 Penalties
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Terms Used In Kentucky Statutes > Chapter 426 - Enforcement of Judgments

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney: means attorney-at-law. See Kentucky Statutes 446.010
  • Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Docket: A log containing brief entries of court proceedings.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Federal: refers to the United States. See Kentucky Statutes 446.010
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
  • Fraud: Intentional deception resulting in injury to another.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Livestock: means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species. See Kentucky Statutes 446.010
  • Month: means calendar month. See Kentucky Statutes 446.010
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Year: means calendar year. See Kentucky Statutes 446.010