Ky. Cir. Ct. Clerks' Manual AGISTER’S LIEN AND WARRANT

3 AGISTER’S LIEN AND WARRANT

KRS 376.400, 376.410

District Court Process Map

 Agister's lien is a lien upon an animal provided by contract or statute as a security for fees of a

person who has fed or cared for the animal.

 The lien may be enforced in district court in the county where the animal was boarded.

3.1 Receipt of Affidavit

1. Upon receipt of an affidavit to enforce an agister's lien, collect filing fees Quick Reference

as set forth in the Accounting Manual and give a receipt. Do not apply the Collect filing fees

FILED stamp or process the affidavit until the filing fees are paid.

2. Open a case. For more information, see Case Add of KyCourts Manual.

Use case type OTH.

3. Generate the next case number for district civil C cases or use the next Case type OTH

pre-numbered file folder.

4. Assign to a division using the procedure in your local court rules.

5. If the petitioner is seeking to proceed in forma pauperis, the affidavit

must be accompanied by a Motion for Leave to Proceed In Forma

Pauperis and a supporting affidavit, or AOC Form 026. See Section 57

Motion for Leave to Proceed In Forma Pauperis for instructions on how to

process a Motion for Leave to Proceed In Forma Pauperis and the

tendered affidavit. DO NOT proceed with the following steps unless filing

fees have been paid, In Forma Pauperis has been granted, or the

petitioner is the Commonwealth. File, date, initial

6. Apply the FILED stamp to the affidavit; add the date and your initials. CR

5.05(3).

3.2 Agister’s Warrant

1. Upon receipt of an agister's warrant, apply the FILED stamp and add the File, date, initial

date and your initials.

NOTE: An agister’s warrant will be issued by the district judge. KRS 376.410. Document type AFAL

2. Enter on a document screen, using the document type AFAL.

3. Make a copy of the warrant. Give the plaintiff the original and one copy of Copy warrant and give

the warrant, and a copy of the affidavit. Instruct the plaintiff to deliver warrant and affidavit to

them to the officer for service. The plaintiff will pay the officer directly. CR plaintiff.

4.01(1)(b), KRS 23A.200(2), 24A.170(2).

AGISTER’S LIEN AND WARRANT

4. When a return of service is made, enter the return date in the memo field of the same

document screen. CR 4.01(1)(b).

3.3 Motion to Stay the Proceedings

1. Upon receipt of a motion to stay the proceedings of an agister’s lien and Quick Reference

warrant, apply the FILED stamp; add the date and your initials. File, date, initial

2. If the defendant posts a bond to stay the proceedings, collect a bond fee

as appropriate, and add the date and your initials to the bond. For more

information, see Bonds.

3. File by completing a document screen, using the document type AFF. Document type AFF

4. Require the surety to make an affidavit to show he/she qualifies. KRS

454.180, KRS 454.185. Taking the affidavit relieves you of liability for

taking insufficient surety if the surety falsifies financial information. For

more information, see Surety Requirements.

5. Set a hearing by completing a scheduled events screen. For more Set hearing

information, see Scheduled Events in the KyCourts Manual.

Enter, date, initial

3.4 Order

1. Upon receipt of a judgment or final order, apply the ENTERED stamp; Add document

add the date and your initials.

2. Enter the judgment or order on the document screen, including a brief Serve notice of entry

description.

3. Serve Notice of Entry on every party who is not in default or who has not

Document manner and

filed a written waiver of notice by making a copy of the judgment or order

that has been stamped ENTERED and mail or hand deliver it to the party date of notice of entry

or attorney.

4. Make an entry on the document screen showing the manner (mail,

Close case

personal delivery or eService) and date of the service of notice of entry of

judgment.

5. Close the case by completing the disposition date, disposition type and judge at

disposition fields on the case screen.

NOTE: Right of redemption exists if land was sold in pursuance of a judgment or court order

or under execution for less than two thirds of the appraised value.