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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

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12.2.13 Stocks and Bonds
Stocks and Bonds as security is a bond in which the defendant or surety
deposits these securities instead of cash to guarantee the defendant's Quick Reference
appearance. RCr 4.04(1)(d)(iv). Require a sworn
schedule containing
1. Require the defendant or the surety to file a sworn schedule containing
the specified
the following information RCr 4.34(2), (3), (4):
information
• Description of the securities;
• Present market value of each;
• Total market value;
• That affiant(s) is/are the sole owner(s) of the securities;
• That the securities are not exempt from execution;
• That the property is security for the appearance of the
defendant in accordance with the condition of release
imposed by the court;
• That the property has not been used as security on a bail
bond within the preceding 12 months. (This requirement
does not apply if the securities belong to the defendant or to
a relative. Relative is defined as no further removed from the
defendant than a first cousin, or the defendant's
father-in-law, mother-in-law, son-in-law, or daughter-in-law.
KRS 431.535(2)(e)).
• The valuation given in the sworn statement must be equal to
the amount of the undertaking, over and above any
Require a
encumbrances or exemptions. KRS 431.535(1)(a).
statement of
2. If you are satisfied with the value of the securities offered, require the assignment for the
defendant or surety to deposit the securities with you with a statement of securities
assignment of the securities giving you "stocks and bonds power" over the
securities. KRS 431.535(1)(a).
Mail a copy of the
3. Mail a copy of the statement of assignment to the bank or other financial
statement to the
institution.
bank
4. You may require the defendant or surety to obtain a statement from the
bank or other