Kentucky Statutes 91.4882 – Action in rem — Pleadings — Default judgment — Cross-claim by taxing authority
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(1) Any action brought pursuant to KRS § 91.488 to KRS § 91.4885 shall constitute an action in rem and the pleadings therein shall consist of a petition and an answer or answers.
(2) An answer may be filed by any person or taxing authority owning or claiming any right, title or interest in or to any tax bill constituting a tax lien on the real estate described in the petition or by any person owning or claiming any right, title, or interest in or to, or lien upon, such real estate. An answer shall include the nature and amount of the interest and any defense or objection to the enforcement of the tax liens listed in the petitions, and may include the allegations usually incorporated by the appropriate pleadings.
(3) Any answers shall contain the caption and number of the case, and the count number or numbers, as set out in the petition, of the parcels of real estate concerned. Such answer must be filed with the Circuit Court clerk and a copy thereof served on the collector not later than fifty (50) days after the date of the first publication of the notice of enforcement.
(4) In the event of failure to answer within said fifty (50) day period, a default judgment may be taken on all parcels of real estate for which no answer has been filed.
(5) Any taxing authority owning or claiming any interest, right or title in or to any tax bill constituting a tax lien on the real property described in the petition filed pursuant to KRS § 91.4881 may either file a cross-claim or join the action as a co- plaintiff using the provisions of KRS § 91.484 to KRS § 91.527, notwithstanding the provisions of KRS § 134.010 et seq.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 314, sec. 2, effective July 14, 1992. — Amended
1986 Ky. Acts ch. 42, sec. 1, effective July 15, 1986. — Amended 1984 Ky. Acts ch.
111, sec. 53, effective July 13, 1984. — Created 1982 Ky. Acts ch. 409, sec. 3, effective July 15, 1982.
(2) An answer may be filed by any person or taxing authority owning or claiming any right, title or interest in or to any tax bill constituting a tax lien on the real estate described in the petition or by any person owning or claiming any right, title, or interest in or to, or lien upon, such real estate. An answer shall include the nature and amount of the interest and any defense or objection to the enforcement of the tax liens listed in the petitions, and may include the allegations usually incorporated by the appropriate pleadings.
Terms Used In Kentucky Statutes 91.4882
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
(3) Any answers shall contain the caption and number of the case, and the count number or numbers, as set out in the petition, of the parcels of real estate concerned. Such answer must be filed with the Circuit Court clerk and a copy thereof served on the collector not later than fifty (50) days after the date of the first publication of the notice of enforcement.
(4) In the event of failure to answer within said fifty (50) day period, a default judgment may be taken on all parcels of real estate for which no answer has been filed.
(5) Any taxing authority owning or claiming any interest, right or title in or to any tax bill constituting a tax lien on the real property described in the petition filed pursuant to KRS § 91.4881 may either file a cross-claim or join the action as a co- plaintiff using the provisions of KRS § 91.484 to KRS § 91.527, notwithstanding the provisions of KRS § 134.010 et seq.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 314, sec. 2, effective July 14, 1992. — Amended
1986 Ky. Acts ch. 42, sec. 1, effective July 15, 1986. — Amended 1984 Ky. Acts ch.
111, sec. 53, effective July 13, 1984. — Created 1982 Ky. Acts ch. 409, sec. 3, effective July 15, 1982.