Kentucky Statutes 426.340 – Duty of officer in advertising sale under execution — Returning equitable writ — Defense
Current as of: 2024 | Check for updates
|
Other versions
(1) No officer shall delay advertising property for sale, taken by him under execution, for more than twenty days after the levy.
(2) No officer shall fail to return by the return day thereof any writ of execution or attachment for not performing a judgment in chancery or equity which is placed in his hands to execute.
(3) It shall be no defense to an action or motion against a collecting officer for failure of duty of himself or deputy that the plaintiff directed the officer to delay or in any way stay proceedings thereon unless the defense is supported by the written consent or request of the plaintiff or his agent or attorney.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. secs. 1712, 1713, 1714.
(2) No officer shall fail to return by the return day thereof any writ of execution or attachment for not performing a judgment in chancery or equity which is placed in his hands to execute.
Terms Used In Kentucky Statutes 426.340
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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
- 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.
(3) It shall be no defense to an action or motion against a collecting officer for failure of duty of himself or deputy that the plaintiff directed the officer to delay or in any way stay proceedings thereon unless the defense is supported by the written consent or request of the plaintiff or his agent or attorney.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. secs. 1712, 1713, 1714.