Ky. Rev. Stat. Ann. ch. 426 – Enforcement Of Judgments | Midpage

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Kentucky Revised Statutes

Chapter 426

Ky. Rev. Stat. Ann. ch. 426

Enforcement Of Judgments

Commonwealth of Kentucky

426.005Personal judgment in action to enforce mortgage or lien -- When mortgage may be enforced.426.006Other liens to be stated in action to enforce lien -- Cross claim.426.010Execution against property may issue on personal judgment.426.020Form of execution against property.426.030Execution not to issue for ten days -- Exception.426.035Execution may issue until barred by limitation.426.040Return of execution.426.050Issuance of second or joint executions.426.060Order of property sold when joint execution issued against personal representative, heir and devisee.426.080Counties to which executions may issue -- Liability for wrongful issuance.426.090Sheriff not required to leave county to return.426.100Plaintiff may designate agent to receive money.426.110Execution from another county levied on land -- Duty of sheriff and clerk.426.120Defendant's estate bound by execution from receipt by officer -- Time received to be noted -- Priority -- Apportionment.426.130Order in which property shall be levied on and sold.426.140Personalty insufficient, land may be sold.426.150Defendant may select property to be sold -- May surrender property not levied on.426.160Personal property -- Time and place of sale -- Advertisement.426.170Growing crop -- When may be sold -- Passes with sale of land.426.180Railroads -- Property subject to execution -- Receiver to enforce judgment.426.190Land liable to execution -- What interest defendant must have therein.426.200Sale of land -- Place of -- Advertisement -- Appraisement.426.205Sale of vacant and abandoned real property to enforce mortgage or lien -- Proof of vacancy and abandonment -- Confirmation of sale and conveyance of property.426.210Defendant may designate tract or part of tract to be sold -- Duty of officer -- Title papers.426.220Redemption -- Right of -- Payment of money -- Possession of defendant.426.230Conveyance of land subject to redemption.426.240Redemption right may be sold -- Rights of defendant and purchaser.426.250Conveyance to purchaser by sheriff.426.260Motion for possession by purchaser -- notice -- judgment.426.270Proceedings for possession if defendant had no title -- Damages.426.280Proceedings for possession if title of defendant equitable or encumbered.426.290Sale of encumbered property under execution -- Rights of purchaser, creditor -- Redemption -- Bond of purchaser of personalty -- Control of courts.426.295Form of judgment in action for possession of specific personal property.426.300Specific property -- Execution on judgment for.426.310Livestock -- Execution on -- Quashed or stayed -- Duty and cost of caring for.426.320Sales invalid if made by fraud or collusion -- Proceedings to set aside -- When lien not affected.426.330Purchase by officer at sale made by him void.426.340Duty of officer in advertising sale under execution -- Returning equitable writ -- Defense.426.350Liability of officer for failing to make return in time -- Exceptions.426.360Money collected by officer on execution -- Liability for failure to pay over -- Duty on stay of proceedings -- Remedies.426.370Payment on execution after return day -- Effect.426.380Officer paying execution -- Assignment -- Substitution.426.381Proceedings for discovery and satisfaction of judgment.426.382Answer to be verified -- Court may enforce discoveries.426.383Creation of lien on defendant's property.426.384Court may compel surrender of property.426.420Choses in action -- Petition for discovery -- Sale.426.430Judgments in equity -- How enforced -- Issuance and return of execution.426.440Property levied on but unsold -- Writ authorizing and commanding sale -- Form of -- Proceedings.426.450Replevy of judgment allowed before execution issues -- Form of bond.426.460Executions that may be replevied -- Form of bond.426.470Judgments and executions that may not be replevied.426.480Agreement to waive right to replevy.426.490Sale bond -- Where no replevin and sale made on three months' time -- Form.426.500Surplus proceeds of sale -- Disposition.426.510Motions authorized by KRS 426.010 to 426.500 or 426.990 -- Limitation.426.520Appraisal of real property before judicial sale.426.522Public, judicial sale of real or personal property -- When conducted by licensed auctioneer. (Effective until July 15, 2026)426.525Mortgage foreclosure forbidden -- Rights of mortgagee after default.426.530Right of redemption -- Manner of redeeming -- Purchaser to receive writ of possession and deed.426.540Redemption right may be sold -- Rights of purchaser and debtor -- Report of sale.426.550Death of party after sale under court order -- Revivor not necessary.426.551Issual of execution after death of plaintiff -- Who treated as plaintiff.426.552Affidavit and other documents required before issuance of execution -- When bond required.426.553Execution against surviving defendant.426.554Court may quash execution improperly issued.426.555Procedure in case of death of execution defendant.426.560Newspaper advertisement required in execution and judicial sales.426.570Conveyances to be made by commissioner -- Deed of partition.426.571When commissioner may convey real property -- Death of party after sale.426.572Requisites of commissioner's deed.426.573Title passed by deed made pursuant to judgment.426.574Title passed by deed made pursuant to order of sale.426.575Court to examine and approve deed.426.576Commissioner to sign -- Names of parties to be stated.426.577Where deed to be recorded.426.580Forthcoming bond for personalty levied on -- Form -- Effect.426.590Failure to deliver property on forthcoming bond -- Return of officer -- Liability of surety -- Execution for balance due.426.600Liability of officer for failure to return forthcoming bond.426.610Bonds having the effect of a judgment -- General provisions for.426.615Execution plaintiff may substitute for officer in action for recovery of property taken under execution or rent attachment.426.640Bond required for suspension of sale of personal property.426.645Property to be appraised for purpose of taking bond.426.655Trial of motion for judgment on bond -- Judgment -- Execution.426.660Trial of objection to appraisement.426.665Bond not to discharge levy -- Motion to discharge.426.675Certain jury trials of right of property abolished.426.680Procedure for levy of execution on jointly owned property.426.685Provisions governing sales by court order of indivisible real property.426.690Procedure in action to enforce lien where other liens exist against real property.426.695Sale of indivisible personal property -- Payment of excess -- Proceeds.426.700Time, place and terms of sale -- Notice.426.705Bond required of purchaser.426.710Purchaser of personal property entitled to it.426.715Lien on realty as security for purchase money -- Release.426.720Final judgment to act as lien on realty -- Judgment creditor's notice requirements -- Methods of service -- Expiration of judgment lien.426.950Definition.426.955Filing and status of foreign judgments.426.960Notice of filing.426.965Stay.426.970Filing fee.426.975Right to bring action unimpaired.426.990Penalties.