Kentucky Statutes 425.076 – Issuance of ex parte writ of possession
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(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.
(2) The requirement of subsection (1) is satisfied if any of the following are known:
Terms Used In Kentucky Statutes 425.076
- 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- 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.
- Statute: A law passed by a legislature.
- Summons: Another word for subpoena used by the criminal justice system.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(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.