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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46 GARNISHMENT AFTER JUDGMENT
KRS 425.501 to 425.526, CR 69.02
District or Circuit Courts Process Map
 Garnishment is a special kind of execution by which property of the judgment debtor in the
hands of a third party may be reached, including (but not limited to) wages in the hands of
his/her employer. Garnishment before judgment is an attachment, and the procedures for
issuing a writ of attachment must be observed. For more information and procedures, see
Attachment and Writ of Possession.
 The judgment creditor's affidavit for garnishment must show the date of judgment, the
amount due on the judgment, that the named persons hold property belonging to the
judgment debtor, or are indebted to him/her. KRS 425.501(1).

46.1 When to Issue
Follow the direction of the court’s order specifying when a garnishment may Quick Reference
be issued. In the absence of a court order and upon the filing of a proper Issue garnishment
affidavit by the judgment creditor, issue the garnishment ten days after ten days post
judgment has been entered. KRS 426.030. judgment

Exceptions to Issuance
1. If a motion attacking the judgment is filed as provided in CR 62.01, do not issue the
garnishment until 10 days after entry of judgment on the motion. City of Louisville v.
Verst, 308 Ky. 46, 213 S.W. 2d 517 (1948). Motions attacking judgment include:
• Motion for new trial;
• Motion to amend or vacate the judgment;
• Motion for judgment notwithstanding the verdict;
• Motion for amending the findings.
2. Do not issue the garnishment if a supersedeas bond has been given pending appeal.
RAP 63(B).

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GARNISHMENT AFTER JUDGMENT