Kentucky Statutes 425.081 – Motion to quash writ
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(1) Any defendant whose property has been taken pursuant to a writ of possession issued under this chapter may apply for an order that the writ be quashed and any property levied on pursuant to the writ be released. Such application shall be made by noticed motion and the provisions of KRS § 425.031.
(2) Pending the hearing on the defendant’s motion the judicial officer may order that delivery pursuant to KRS § 425.101 of any property previously levied upon be stayed. If the judicial officer determines that the plaintiff is not entitled to a writ of possession, he shall quash the writ of possession and order the release of any property previously levied upon.
Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 158, sec. 4, effective July 13, 1984. — Created
1976 Ky. Acts ch. 91, sec. 16.
(2) Pending the hearing on the defendant’s motion the judicial officer may order that delivery pursuant to KRS § 425.101 of any property previously levied upon be stayed. If the judicial officer determines that the plaintiff is not entitled to a writ of possession, he shall quash the writ of possession and order the release of any property previously levied upon.
Terms Used In Kentucky Statutes 425.081
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- judicial officer: means any judge or any commissioner or other officer appointed by the trial court to perform the duties required by this chapter. See Kentucky Statutes 425.006
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 158, sec. 4, effective July 13, 1984. — Created
1976 Ky. Acts ch. 91, sec. 16.