Ky. Cir. Ct. Clerks' Manual PETITION TO DISCHARGE SECURITY INTEREST

72 PETITION TO DISCHARGE SECURITY

INTEREST

KRS 186.045

Circuit Court Process Map

72.1 Petition

1. Upon receipt of a petition to order the discharge of a security interest in

Quick Reference

a motor vehicle, collect filing fees as set forth in the Accounting Manual

Collect filing fees

and give a receipt. Do not apply the FILED stamp or process the

petition until the filing fees are paid.

EXCEPTIONS: The following are exempted from the filing fees:

• In Forma Pauperis granted. See Section 57.

• Petitioner is the Commonwealth. KRS 453.010.

NOTE: City and county governments are not exempt from paying filing

fees unless the action is filed in the name of the Commonwealth. File, date, initial

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

instructions on opening the case, see the Case Add section of KYCourts Case type OTH

Manual. Use case type OTH. Generate the next number for circuit civil Circuit Civil CI case

CI cases or use the next pre-numbered file folder. Do not issue

3. If the petitioner is seeking to proceed In Forma Pauperis, the petition summons

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

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

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

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

tendered petition. 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.

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

5. Do not issue a summons.

6. Deliver the case file to the judge immediately.

PETITION TO DISCHARGE SECURITY INTEREST

72.2 Judgment/Order

1. When a signed judgment or order is received, apply the ENTERED Enter, date, initial

stamp to the judgment or order; add the date and your initials.

2. Enter the judgment or order on the document screen, including a brief

description of the order in the memo field. After the judgment or order is Notice of entry

ENTERED, serve notice of entry on every party who has not filed a

written waiver. Make an entry on the document screen showing the

manner and date of service of notice of entry or judgment. See Notice of

Entry.

3. Immediately send a copy of the order to the county clerk in the county

where the security interest was originally filed. KRS 186.045(3).

4. When the judgment or order closes the case, complete the disposition

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