(1) Any officer who fails to advertise for sale property taken under execution as required by subsection (1) of KRS § 426.340 may, on motion of either the plaintiff or the defendant in the execution, be fined by the court from which the execution issued not less than five dollars ($5) nor more than twenty dollars ($20), and costs, for the use of the party making the motion. The officer shall be given at least ten (10) days’ notice, in writing, of the motion. The officer shall, in addition to the fine provided, be liable on his bond to the party aggrieved for damages.
(2) Any officer who fails to return a writ as required by subsection (2) of KRS § 426.340 may, on motion, be fined by the court from which the writ issued not more than fifty dollars ($50), for the use of the party injured. The officer shall be given at least three (3) days’ notice, in writing, of the motion.

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Terms Used In Kentucky Statutes 426.990

  • 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.
  • 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.

Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. secs. 1712, 1714.