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 ↗

Related Parts of This Source

Full Text

1,347 chars

102.1 Documents Required
The following documents are all required to be filed with the clerk prior to a
Writ being issued:
• A complaint and summons (KRS 425.012);
• A verified motion requesting the writ of possession (KRS 425.011) which:
o Is under oath;
o Shows the basis of plaintiff's claim;
o States that plaintiff is entitled to the possession of the property (if a
written instrument is the basis of plaintiff's claim, it shall be
attached);
o Shows that the property is wrongfully detained;
o States how and why defendant holds the property according to the
best information and belief of the plaintiff:
o Describes the property and a statement of its value;
o States the location of the property, and if the property, or some
part of it, is in a private place which may have to be entered to take
possession;
o Stated that the property has not been taken for a tax assessment, or
fine, pursuant to statute, or seized under an execution against the
plaintiff, or if so seized, a statement that it is exempt.
• A demand stating that the defendant has seven days to either request a
hearing or pay the demand in full; otherwise a writ of possession shall
issue (KRS 425.012);
• An affidavit of the plaintiff or their attorney showing compliance with the
requirements of KRS 425.012.
NOTE: See Timing of Application.

573
 WRIT OF POSSESSION