Kentucky Statutes 425.111 – Plaintiff’s bond
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(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.
(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.
Terms Used In Kentucky Statutes 425.111
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
History: Created 1976 Ky. Acts ch. 91, sec. 22.