Kentucky Statutes 425.091 – Levy on property
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(1) Except as otherwise provided in this section, upon receipt of the writ of possession the levying officer shall search for and take custody of the specified property, if it be in the possession of the defendant or his agent, either by removing the property to a place of safe keeping or upon order of the judicial officer by installing a keeper.
(2) If the specified property is used as a dwelling, levy shall be made by placing a keeper in charge of the property for two (2) days at the plaintiff‘s expense, after which period the levying officer shall remove the occupants and any contents not specified in the writ and shall take exclusive possession of the property.
(3) If the specified property or any part of it is in a private place, the levying officer shall at the time he demands possession of the property announce his identity, purpose and authority. If the property is not voluntarily delivered, the levying officer may cause any building or enclosure where the property may be located to be broken open in such a manner as he reasonably believes will cause the least damage and may call upon the power of any other law enforcement officers of the county to aid and protect him, but, if he reasonably believes that entry and seizure of the property will involve a substantial risk of death or serious bodily harm to any person he shall refrain from seizing the property and shall promptly make a return to the court from which the writ issued setting forth the reasons for his belief that the risk exists. In such case, the judicial officer shall make such orders as may be appropriate.
(4) Nothing in this section authorizes the levying officer to enter or search any private place not specified in the writ of possession or other order of the judicial officer.
History: Created 1976 Ky. Acts ch. 91, sec. 18.
(2) If the specified property is used as a dwelling, levy shall be made by placing a keeper in charge of the property for two (2) days at the plaintiff‘s expense, after which period the levying officer shall remove the occupants and any contents not specified in the writ and shall take exclusive possession of the property.
Terms Used In Kentucky Statutes 425.091
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- dwelling: as used in this chapter means a mobile home, boat or similar property used as a place of residence. See Kentucky Statutes 425.006
- 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.
(3) If the specified property or any part of it is in a private place, the levying officer shall at the time he demands possession of the property announce his identity, purpose and authority. If the property is not voluntarily delivered, the levying officer may cause any building or enclosure where the property may be located to be broken open in such a manner as he reasonably believes will cause the least damage and may call upon the power of any other law enforcement officers of the county to aid and protect him, but, if he reasonably believes that entry and seizure of the property will involve a substantial risk of death or serious bodily harm to any person he shall refrain from seizing the property and shall promptly make a return to the court from which the writ issued setting forth the reasons for his belief that the risk exists. In such case, the judicial officer shall make such orders as may be appropriate.
(4) Nothing in this section authorizes the levying officer to enter or search any private place not specified in the writ of possession or other order of the judicial officer.
History: Created 1976 Ky. Acts ch. 91, sec. 18.