Ky. Cir. Ct. Clerks' Manual EXECUTIONS

38 EXECUTIONS

KRS 135.030, KRS 426, CR 69.03, CR 77.03

District and Circuit Courts Process Map

 A writ of execution is a post-judgment order to the sheriff to seize and sell property of the

judgment debtor to satisfy the judgment of the court. Execution may also issue on certain

bonds which have the effect of a judgment. These include bonds given by the purchaser at

execution and judicial sales, replevin bonds and forthcoming bonds. KRS 426.610.

38.1 When to Issue

 When a party requests the issuance of a writ of execution, do not Issue until Quick Reference

10 days after entry of judgment unless the court orders otherwise. KRS Do not issue until

426.030. 10 days after entry

of judgment

 No execution on a judgment from another state may be issued in Kentucky

until the foreign judgment is filed in the clerk's office and 20 days have passed

and the foreign judgment has not been stayed by the Kentucky court. KRS

426.950-.975.

 Issue the writ of execution within 10 days after the expiration of a governor's

stay of a judgment in favor of the state. KRS 135.030.

38.2 Motion Attacking Judgment

If a motion attacking the judgment is filed as provided in CR 62.01, do not issue the

execution until 10 days after entry of judgment on the motion. City of Louisville v. Verst,

308 Ky. 46, 213 S.W. 2d 517 (1948).

These motions include:

• Motion for new trial;

• Motion to amend or vacate the judgment;

• Motion for judgment notwithstanding the verdict;

• Motion for amending the findings.

38.3 Exceptions to Issuance

Do not issue the writ of execution if:

 Supersedeas Bond has been given pending appeal. RAP 63(A)(1).

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 Notice of Appeal has been filed by a governmental unit which is not required to file a

supersedeas bond. RAP 63(A)(2).

 The judgment debtor has filed a replevin bond to postpone collection of the judgment.

KRS 426.450(1) This bond is good for three months.

 A judgment in favor of the state and the governor has stayed the collection. KRS

135.030.

Quick Reference

1. If a bond is filed, collect a bond filing fee as set forth in the Accounting Collect filing fee

Manual and give a receipt.

File, date, initial

2. Apply the FILED stamp to the bond; add the date and your initials and

file by completing a document screen.

38.4 Fee for Issuance

Collect a fee, as set forth in the Accounting Manual, for each execution issued Collect fee

and give a receipt. For more information, see Where to Issue and Additional

Executions.

38.5 Issuance of Execution

Have the judgment creditor or attorney prepare the execution. Use AOC AOC Form 135

Form 135, Execution Form.

38.5.1 Against Two or More Persons

If the judgment is against two or more persons jointly, issue the execution against them

jointly. KRS 426.050.

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38.5.2 Deceased Creditor

Quick Reference

If any of the judgment creditors are deceased, make an endorsement on the

execution showing the name of the decedent and of the person who takes the

decedent's interest as shown by the following:

(1) A surviving party must file an affidavit showing the death and the right

as a surviving party.

(2) A personal representative of the estate must file an affidavit showing

the right to receive the decedent's interest, plus a certified copy of the

order of appointment.

(3) A personal representative appointed in another state must also give a

surety bond conditioned upon disposition of the property according to

law.

a) Require the surety to make an affidavit to show qualification.

KRS 454.180, 454.185. Taking the affidavit relieves you of

liability for taking insufficient surety if the financial information

is falsified. Commonwealth vs. Lewis, 181 Ky. 804, 205 S.W. 921

(1918). For more information, see Surety Requirements.

b) Refuse any surety if you are in doubt as to their sufficiency to

cover the amount of bond. If your judge orders you to take a

bond you must do so; the order protects you from liability for

taking an insufficient bond.

Collect filing fee

c) Collect a bond filing fee as set forth in the Accounting Manual

and give a receipt.

File, date, initial

d) Apply the FILED stamp to the bond; add the date and your

initials

Document code BO

e) File the bond by completing a document screen using document

code BO.

(4) If claimed under the will of the decedent, the claimant must file an

affidavit showing the claimant's right, plus a copy of the will certified by

the county clerk where the will is recorded.

File, date, initial

a) Apply the FILED stamp to the affidavits and/or certified

documents; add the date and your initials. Complete

document screen

b) File by completing a document screen.

c) If the affidavit has attachments those may be filed in the memo

field on the document screen where the affidavit is filed.

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38.5.3 Where to Issue

The execution may issue only to the county where the judgment was entered, or where

defendant resides. If the plaintiff files an affidavit showing that defendant's property in

those counties is insufficient, execution shall issue to any or as many counties as the plaintiff

directs.

Quick Reference

1. Collect a fee, as set forth in the Accounting Manual, for each execution Collect fee

issued and give a receipt. KRS 426.080.

File, date, initial

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

file on a document screen.

38.5.4 Additional Executions

Additional executions may issue to other counties without an affidavit, if the

return of the first execution shows insufficient property was found.

Collect fee

Collect a fee, as set forth in the Accounting Manual, for each execution issued

and give a receipt. KRS 426.080.

38.5.5 Waiver of Replevy

If defendant has filed a waiver of the right to replevy, or any similar agreement, endorse a

note to this effect on the writ. KRS 426.480.

38.5.6 Return Date

1. The return date on the execution shall be sixty (60) days from the date of Return date is 60

issuance. Even though the serving officer may make a return before the days from the date

expiration of the sixty (60) day period, the judgment creditor cannot of issuance

request a different return date.

Complete

2. Make a docket notation to show issuance of the execution by completing a document screen

document screen. Use the date of issuance as the filing date. Show any

special endorsements in the memo field.

38.6 Service of Execution

1. Give the execution and a copy to the applicant for delivery to the sheriff. It

is not necessary to make a copy for the case file; the sheriff's return will

provide a copy. The applicant will pay the sheriff the service fee directly.

2. When the return is made, apply the FILED stamp; add the date and your File, date, initial

initials. Enter the file stamp date and officer’s return information in the

memo field of the document screen where the execution was issued. The

return should show when, how, and by whom it was served.

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38.7 Execution Sale

1. Any party may move for an Order for Execution Sale which may be issued Quick Reference

after 14 days have elapsed from service of execution if no challenge to the Order for Sale may

execution has been made. KRS 426.440. be issued after 14

days have elapsed

2. Upon receipt of AOC Form 140, Order for Sale apply the ENTERED stamp;

add the date and your initials. AOC Form 140

Enter, date, initial

3. File on a document screen using code OS. Make a notation in the memo

field of the document screen that the order was delivered to the sheriff for Document code OS

service. Provide notice of entry. NOE

4. Deliver to the sheriff for service. Deliver to Sheriff

38.8 Affidavit to Challenge

If the judgment debtor files an AOC Form 135.1, Affidavit to Challenge Execution within 10

days of service of execution:

1. Apply the FILED stamp; add the date and your initials and file on a AOC Form 135.1

document screen.

2. Mail or hand-deliver copies to the sheriff, judgment creditor, and File, date, initial

judgment debtor.

Schedule event

3. Schedule a hearing by completing a scheduled events screen for the

appropriate date.

Enter, date, initial

4. When a signed judgment is received, apply the ENTERED stamp to the

judgment; add the date and your initials. Enter the judgment on the

document screen, including a brief description. After the judgment is

ENTERED serve notice of entry on the parties by making a copy of the

judgment that has been stamped ENTERED and mail or hand deliver to

the parties or attorney. Make an entry on the document screen showing

the manner (mail or personal delivery) and date of the service of notice of NOE

entry of the judgment.

5. If the defendant gives a replevin bond on a judgment in favor of the state

that has expired without paying the judgment, issue execution at least

every ten (10) months for five (5) years. After that time, issue when asked

by the Commonwealth Attorney, County Attorney or Sheriff unless

otherwise ordered by the court. KRS 135.030. For Tickler System see the

KyCourts Manual.

NOTE: Failure of the clerk to discharge their duty will result in the clerk

being responsible on the official bond for the amount of the judgment.

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38.9 Executions from Other Courts

1. When land in your county is seized under an execution issued in another Quick Reference

county, the sheriff will bring the execution to you. Make a copy and file it Make copy

in a special file titled "Executions of Judgments of Other Courts."

2. Return the original to the sheriff. KRS 426.110. Return original to

sheriff