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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4. If appellant is unable to pay the filing fee and/or rent deposit and has not
also filed a motion to proceed In Forma Pauperis, return the notice of
appeal to the appellant with an explanation of the deficiency and offer the
appellant the option to file a motion to proceed In Forma Pauperis.
5. If the tenant files a motion to proceed In Forma Pauperis and the motion is
granted, the appellant is not required to pay filing fees and/or rent
deposit, which may otherwise be due. Fickey v. Cross Creek Apartments, Ltd., 700
S.W.2d 807 (Ky. App. 1985); Boddie v. Connecticut, 401 U.S. 371 (1971). See Motion for
Leave to Proceed In Forma Pauperis.
Note: If an appellant proceeding In Forma Pauperis does not pay the rent deposit, the
district court's judgment is not stayed. The landlord may seek to regain possession of the
premises while the appeal is pending. Direct any motion or request for execution on the
judgment to the court identified in the style of the motion, as indicated by the case
number.
6. You have ten (10) days from the date that past-due rents are deposited by the appellant
to prepare the record and deliver to circuit court. KRS 383.255(2). See Appeals.

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