Ky. Cir. Ct. Clerks' Manual FORCIBLE ENTRY AND DETAINER

43 FORCIBLE ENTRY AND DETAINER

KRS 383.200 - 383.275

District Court Process Map

 Forcible entry is an action by the tenant who claims that the landlord has entered the

premises unlawfully.

 Forcible detainer is an action by the landlord who claims that the tenant refuses to move.

43.1 Petition

1. Upon receipt of AOC Form 216 forcible detainer complaint or a forcible Quick Reference

entry petition, affirm the petitioner’s signature. AOC Form 216

2. Collect filing fees as set forth in the Accounting Manual and give a receipt.

Do not apply the FILED stamp or process the documents until the filing

fees are paid.

EXCEPTIONS:

• In Forma Pauperis Granted. See Section 57 Motion for Leave to File, date, initial

Proceed In Forma Pauperis.

• Petitioner is the Commonwealth. KRS 453.010. Case type FD

3. Refer to Case Add section of KyCourts Manual for instructions on opening Civil C Case

the case. Use case type FD.

Note: New code FENTRY. Landlord/Tenant Dispute–Other: Cases alleging

a breach of contract between a landlord and tenant. Use this case type for

landlord/tenant dispute cases of unknown specificity, when

landlord/tenant dispute cases are not attributable to another previously Schedule event

defined landlord/tenant case type, or when all landlord/tenant dispute

cases are reported as a single case type.

4. Generate the next case number for district civil C cases or use the next pre-numbered

file folder.

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

6. 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.

7. Apply the FILED stamp to the petition; add the date and your initials.

8. Have the judge assign a trial date (or do this yourself if the judge has delegated this duty

to you) and note on the calendar by completing a scheduled events screen.

FORCIBLE ENTRY AND DETAINER

43.2 Eviction Notice

1. Issue eviction notice AOC Form 215 using EN as summons type instead of AOC Form 216

civil summons CI. Summons type EN

2. Make a copy of the eviction notice. Give the plaintiff the two notices with Make copy of

a copy of the complaint and/or other documents to be served attached to notice

the copy of the notice and instruct the plaintiff to deliver them to the

officer for service. The plaintiff will pay the officer directly. CR 4.01(1)(b).

KRS 23A.200(2), 24A.170(2).

3. When a return of service is received, apply the FILED stamp to the File, date, initial

notice; add the date and your initials. Enter the date the officer served the Enter date served

defendant in the service date field of the summons screen.

43.3 Forcible Detainer Order

Quick Reference

1. Upon receipt of a signed judgment or order (AOC 217 Form), apply the AOC Form 217

ENTERED stamp; add the date and your initials. Enter, date, initial

2. Enter the judgment or order on the document screen. Use document type

JDF Judgment for Defendant or JPF Judgment for Plaintiff. Judgment for

Defendant: JDF

3. Serve notice of entry on every party who is not in default or who has not Judgment for

filed a written waiver of notice. Make an entry on the document screen Plaintiff: JPF

showing the manner and date of the service of notice of entry of the NOE

judgment or order.

NOTE: You may choose to notify all parties, namely the tenant even when

in default. Disposition type:

JCT

4. When the order closes the case, complete the disposition date, disposition

type JCT, and judge at disposition fields on the case screen.

FORCIBLE ENTRY AND DETAINER

43.3.1 Appeal

Quick Reference

1. The defendant has seven (7) days after the entry of the judgment in which

to file an appeal. KRS 383.255(1). See Appeals for additional information.

2. In addition to the filing fee, appellant must deposit with you the amount of

rent now due and future rents, as they become due, during the pendency

of the appeal. KRS 383.255(1). See Accounting Manual. Do not apply the

FILED stamp or process the notice of appeal until the filing fees and past

due rent are paid or IFP is granted.

3. Do not accept the notice of appeal and/or filing fee without rent deposit,

in the amount listed on AOC Form 216, unless you also receive a motion to

proceed In Forma Pauperis. AOC Form 216

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.

FORCIBLE ENTRY AND DETAINER

43.4 Warrant for Possession

KRS 383.245

1. If no appeal is filed after 7 days and the plaintiff requests that a warrant Quick Reference

for possession be issued, prepare AOC Form 220, Notice of Eviction and AOC Form 220

Warrant for Possession for judge's signature. The judge will complete the

return date on the form.

2. After the judge has signed the warrant, apply the ENTERED stamp; add

the date and your initials. Enter, date, initial

3. Enter on a document screen using document type EW.

Document type EW

4. Give the warrant to the plaintiff with instructions to deliver to the sheriff

or other serving officer for service on the defendant(s).

When a return of service is made, enter the return date information in the

memo field of the same document screen. Enter return date in

memo field

43.5 Forcible Detainer Settlement Agreement

1. Upon receipt of AOC Form 218, apply the FILED stamp; add the date and AOC Form 218

your initials. File, date, initial

2. Enter the agreement as a document using document code FDSA. Document code

FDSA

3. Provide copies of the filed agreement per the distribution list at the

bottom of the form.

4. Close the case by completing the disposition date, disposition type using

SBT (settled before trial), and judge at disposition fields on the case Disposition type

screen. SBT