Kentucky Statutes 425.036 – Issuance of writ of possession
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(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.
(a) The plaintiff has established the probable validity of his claim to possession of the property; and
Terms Used In Kentucky Statutes 425.036
- judicial officer: means any judge or any commissioner or other officer appointed by the trial court to perform the duties required by this chapter. See Kentucky Statutes 425.006
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(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.