(1) After an execution of fieri facias, directed to the county in which the judgment was rendered, or to the county of the defendant‘s residence, is returned by the proper officer, either as to the whole or part thereof, in substance, no property found to satisfy the same, the plaintiff in the execution may by an amended and supplemental petition filed in the action have the same redocketed and join with the execution defendant or defendants any person believed to be indebted to him or them, or to hold money or other property in which he or they have an interest, or to hold evidences or securities for the same. Upon the filing of such amended petition the case shall be transferred to the equity docket and summons issued thereon. In such supplemental proceeding or in a separate suit in equity against such parties (at his option) the plaintiff may have discovery and disclosure from the judgment creditor and his debtor or bailee, and may have any property discovered, or a sufficiency thereof, subjected to the satisfaction of the judgment.
(2) In such action the plaintiff may have an attachment against the property of the defendant in the execution, pursuant to the attachment procedures provided for in KRS Chapter 425.

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Terms Used In Kentucky Statutes 426.381

  • 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.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Docket: A log containing brief entries of court proceedings.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Summons: Another word for subpoena used by the criminal justice system.

History: Amended 1976 Ky. Acts ch. 91, sec. 39. — Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. secs. 439, 441. — C.C. sec. 439 amended and reenacted 1942 Ky. Acts ch. 100, sec. 1,