Ky. Admin. Office of the Courts, Circuit/District Court Clerks' Manual, ch. 43 (Forcible Entry and Detainer)

Citation: Ky. Admin. Office of the Courts, Circuit/District Court Clerks' Manual, ch. 43 (Forcible Entry and Detainer)
Jurisdiction: Kentucky (state)
Source: Official source
Original Source: https://www.kycourts.gov/Courts/County-Information/Documents/ClerksManual.pdf ↗

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8 ATTACHMENT
KRS 425.301-316; 383.030
District and Circuit Courts Process Map
 Attachment is a prejudgment remedy by which the plaintiff seeks to reach property of the
defendant, whether the property is in the hands of the defendant or a third person, as
security for the payment of the judgment, which he hopes to obtain. KRS 425.301, 425.306.
 If the suit is for damages or recovery of money, the proper prejudgment writ is an
attachment.
 A plaintiff may have an attachment for rent due under KRS 383.030.

8.1 Initiating Documents
1. The following documents are required to apply for the writ:
a. A complaint and summons (KRS 425.301(3));
b. A verified motion requesting the attachment (KRS 425.307, KRS 425.301(1) and (2)
and KRS 425.306) which:
• Is under oath;
• States the nature and amount of plaintiff's claim;
• States that it is just;
• States the statutory grounds for the attachment.
(a) Defendant is a foreign corporation or non-resident of Kentucky and
absent from the Commonwealth; or
(b) Has been absent from Kentucky for four months; or
(c) Has left Kentucky to defraud his creditors; or
(d) Is hiding or has left the county of his residence to avoid service of
summons; or
(e) Is removing or selling his property with intent to defraud his
creditors. KRS 425.301(1) and (2) and KRS 425.306;
c. A demand stating that the defendant has seven days to either request a hearing or
pay the claim in full; otherwise, an attachment shall issue (KRS 425.301(3));
d. An affidavit showing compliance with the requirements of KRS
425.301(3) regarding notice and demand to the defendant. Quick Reference
2. Upon receipt of a complaint, verified motion, affidavit and a demand for a Collect fees
writ of attachment, collect filing fees as set forth in the Accounting
File, date, initial