Kentucky Statutes 425.046 – Requirements of writ of possession
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(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.
(b) The writ shall describe the specific property to be seized in accordance with
Terms Used In Kentucky Statutes 425.046
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
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.