Ky. Cir. Ct. Clerks' Manual WRIT OF POSSESSION

102 WRIT OF POSSESSION

KRS 425.011-.012

Process Map

District and Circuit Court

 A writ of possession is an attachment that reaches specific personal property

which is the subject of the suit. KRS 425.011.

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.

WRIT OF POSSESSION

102.2 Filing Fees

Collect filing fees as set forth in the Accounting Manual and give a receipt. Do Quick Reference

not apply the FILED stamp or process the pleadings until the filing fees are Collect filing fees

paid.

EXCEPTIONS: The following are exempted from the filing fees (CR 5.05(4);

KRS 453.010):

• 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.

Do not collect fee for

Do not collect the fee for service of process. KRS 23A.200(2) and 24A.170(2). service of process

The plaintiff will make payment of the service fee directly to the sheriff or other

serving officer.

102.3 Pleadings

1. The plaintiff must file enough copies of all pleadings for service upon Collect copy fee, if

each defendant in addition to the original which is filed in your office. If applicable

you make the copies, collect a copy fee as set forth in the Accounting

Manual and give a receipt.

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

3. Open the case. For instructions on opening the case, see the Case Add File, date, initial

section of KyCourts Manual.

4. Generate the next case number or use the next pre-numbered file folder

for district civil C or circuit civil CI cases as directed by the initiating

party.

District Civil C or Circuit

5. If the petitioner is seeking to proceed In Forma Pauperis, the pleadings Civil CI

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

Prepare summons

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 pleadings. 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.

6. Apply the FILED stamp to the complaint, motion, demand and

affidavit; add the date and your initials.

7. Prepare a summons by completing a summons screen on each defendant

in the case. CR 4.02, CR 4.04(1).

WRIT OF POSSESSION

102.4 Timing of Application

If the motion, demand and affidavit are filed with the complaint, attach a copy

of the motion and demand to the complaint and summons for service on the

defendant.

If the motion, demand, and affidavit are filed after the complaint, the plaintiff

must deliver the motion and demand to the defendant or send the motion and

demand by certified mail, return receipt requested, to the defendant's last

known place of address, at least seven days and not more than 60 days before

the order granting the writ of possession is sought. KRS 425.012.

102.5 Summons Issuance

The initiating party will decide whether the summons is to be served by certified

mail or personally delivered by the sheriff or other authorized person. For more

information, see Service of Process.

A civil summons may be issued on holidays and served on Sundays and holidays.

KRS 454.125.

102.6 Hearing

If plaintiff asks you to issue the attachment without a hearing, check the

affidavit of compliance to make sure enough time has elapsed from the date of

notice to the defendant:

• Seven days from date of notice (KRS 425.301(3)).

• Three additional days if notice was by mail (CR 6.05).

If a hearing is requested, note the hearing on the calendar by completing a

scheduled events screen.

102.7 Order

Quick Reference

1. Upon receipt of a signed Order, apply the ENTERED stamp; add the Enter, date, initial

date and your initials.

2. Enter the order on the document screen and include a brief description.

3. Serve notice on every party not in default or who has not waived notice.

Serve notice of entry

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

personal delivery) and date of the service of notice of the order. For

more information, see Notice of Entry.

102.8 Surety Bond

Before issuing the writ of possession, plaintiff must post a cash or surety bond.

KRS 425.111 The amount should not be less than twice the value of the property

as determined by the court and is an obligation to pay all costs and damages.

WRIT OF POSSESSION

Require the surety to make an affidavit to show qualification. For more

information, see Bonds and Sureties.

NOTE: Domestic Kentucky banks and savings and loan institutions do not

need a surety on their bonds. KRS 425.001.

Collect bond filing fee

1. Collect a bond filing fee for taking the bond and a fee for issuing the writ

File, date, initial

as set forth in the Accounting Manual and give a receipt.

Complete document

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

screen using document

3. File by completing a document screen using document code BFP Bond code BFP Bond of

of Possession. Possession

102.9 Issuance of Writ of Possession

AOC has no form for a Writ of Possession; this must be prepared by the

attorney. KRS 425.046.

1. Issue the writ by signing and adding the date. Quick Reference

Issue writ

2. Make a docket notation of the issuance of the writ by completing a

document screen using document type WRO. Use the date of issuance as Document type: WRO

the filing date. It is not necessary to make a copy for the case file; the

officer's return will provide a copy.

3. Give the writ and a copy to the plaintiff for delivery to the sheriff or Give writ and copy to

other serving officer. The plaintiff will pay the service fee directly to the plaintiff

officer. File, date, initial

4. When a return of service is received; apply the FILED stamp; add the Note the file stamp

date and your initials. date and return date on

document screen

5. Enter the file stamp date and officer's return date in the memo field of

the document screen where the writ was issued.

102.10 Motion to Quash

1. If the defendant files a motion to quash the writ of possession, apply the

File, date, initial

FILED stamp; add the date and your initials.

2. File by completing a motion screen.

Add motion

3. Note the hearing on the calendar by completing a scheduled events

Add scheduled event

screen.

Enter, date, initial

4. Upon receipt of a signed Order ruling on the motion, apply the

ENTERED stamp; add the date and your initials.

5. Enter the order on the document screen including a brief description.

Serve notice of entry

6. Serve notice of entry of the order on every party not in default or who

has not waived notice. Enter the method of service and notice of entry

date on the document screen where the order is entered. For more

information, see Notice of Entry.

WRIT OF POSSESSION

102.11 Disposition

When the order closes the case complete the disposition date, disposition type

and judge at disposition fields on the case screen.