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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12.13 Bonds and Sureties in Civil Cases Process Map
KRS 30A.060, 454.180 to 454.190, CR 4.11, CR 65.05, CR 81A
Quick Reference
 There are various types of civil bonds that may be filed with the clerk. The
amount of the bond is set by the court and is usually equivalent to the
judgment or amount of property being secured. When in doubt as to the
proper amount of a bond, consult the presiding judge.
 A bond pursuant to CR 4.11 may be posted to secure the property of a party Require surety to
who has been constructively served. This bond guarantees the compliance make an affidavit
of the filing party in the event the constructively served party files for relief
from a judgment within one year after its entry. The amount of the bond
shall be fixed at not less than the fair market value of the property awarded
in the judgment. Verify affidavit
requirements
 A bond pursuant to CR 65.05 may be required for temporary injunctions or
restraining orders. For more information, see Temporary Injunctions and
Restraining Orders.
 You are responsible for the sufficiency of any surety accepted by you or
your deputy. KRS 30A.060.
1. When a civil bond is filed, require the surety to make an affidavit to show
qualification. KRS 454.180, KRS 454.185. Taking the affidavit relieves you
of liability for taking insufficient surety if the surety falsifies their
financial situation. Commonwealth v. Lewis, 181 Ky. 804, 205 S.W. 921
(1918).
Collect bond filing
2. Verify affidavit requirements. The surety must: fee
• Be a resident of Kentucky.
Document type
• Be worth double the sum to be secured, beyond debts. BSUR
• Have property in Kentucky, not exempt from execution,
equal to the amount of bond.
Refuse any surety if you are in doubt as to the sufficiency to cover the
amount of the bond. If