Kentucky Statutes 425.309 – Posting of bond by plaintiff — Posting of bond by defendant — Exceptions to sureties
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(1) An order of attachment shall not be issued until a bond has been executed by one (1) or more sufficient sureties of the plaintiff in an amount not less than double the amount of the plaintiff’s claim.
(2) Should the defendant post a bond, with sufficient sureties, insuring compliance with a final judgment, in an amount equal to the plaintiff’s claim, including court costs and attorney‘s fees as stated in plaintiff’s complaint, the attachment shall be dissolved and any proceeds of the attachment received by the plaintiff shall be returned to the defendant.
(3) Exceptions to sureties shall be made in accordance with KRS § 425.121.
Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 158, sec. 6, effective July 13, 1984. — Created
1978 Ky. Acts ch. 399, sec. 3, effective June 17, 1978.
(2) Should the defendant post a bond, with sufficient sureties, insuring compliance with a final judgment, in an amount equal to the plaintiff’s claim, including court costs and attorney‘s fees as stated in plaintiff’s complaint, the attachment shall be dissolved and any proceeds of the attachment received by the plaintiff shall be returned to the defendant.
Terms Used In Kentucky Statutes 425.309
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- 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.
- Plaintiff: The person who files the complaint in a civil lawsuit.
(3) Exceptions to sureties shall be made in accordance with KRS § 425.121.
Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 158, sec. 6, effective July 13, 1984. — Created
1978 Ky. Acts ch. 399, sec. 3, effective June 17, 1978.