Kentucky Statutes 425.307 – Motion for order of attachment
Current as of: 2024 | Check for updates
|
Other versions
(1) Upon filing of the complaint or at any time prior to judgment, the plaintiff may apply pursuant to this chapter for an order of attachment by filing a written motion for the order with the court in which the action is brought.
(2) The motion shall be executed under oath and shall include all of the following: (a) The nature of the plaintiff’s claim;
(b) That it is just;
(c) The sum which the plaintiff believes he ought to recover; and
(d) The existence of any of the grounds for an attachment set forth in KRS
425.301 or 425.306.
(3) The order of attachment shall be issued by the clerk upon compliance with KRS
425.301(3) unless the defendant has requested a hearing, in which case a hearing shall be conducted pursuant to KRS § 425.031.
Effective: June 17, 1978
History: Created 1978 Ky. Acts ch. 399, sec. 1, effective June 17, 1978.
(2) The motion shall be executed under oath and shall include all of the following: (a) The nature of the plaintiff’s claim;
Terms Used In Kentucky Statutes 425.307
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Oath: A promise to tell the truth.
- Plaintiff: The person who files the complaint in a civil lawsuit.
(b) That it is just;
(c) The sum which the plaintiff believes he ought to recover; and
(d) The existence of any of the grounds for an attachment set forth in KRS
425.301 or 425.306.
(3) The order of attachment shall be issued by the clerk upon compliance with KRS
425.301(3) unless the defendant has requested a hearing, in which case a hearing shall be conducted pursuant to KRS § 425.031.
Effective: June 17, 1978
History: Created 1978 Ky. Acts ch. 399, sec. 1, effective June 17, 1978.