425.121 Exception to sureties -- Effect of failure to justify. (1) The defendant may except to the plaintiff's sureties not later than 10 days after levy of the writ of possession by filing with the court in which the action was brought a notice of exception to sureties and mailing a copy of the notice to the levying officer and to the plaintiff. The notice of exception filed with the court shall contain a certification that copies have been mailed to the levying officer and to the plaintiff. (2) The plaintiff may except to the defendant's sureties not later than 10 days after the defendant's bond is filed by filing with the court in which the action was brought a notice of exception to sureties and mailing a copy of the notice to the levying officer and to the defendant at the address set out in his bond. The notice of exception filed with the court shall contain a certification that copies have been mailed to the levying officer. (3) If the plaintiff or the defendant does not except to the sureties of the other as provided in this section he waives all objection to them. (4) When excepted to, the sureties shall justify that they are sufficient before a judicial officer of the court in which the action was brought at a time specified by the excepting party and in compliance with the rules of procedure. (5) (6) If the plaintiff's sureties, or others in their place, fail to justify at the time and place appointed or do not qualify, the judicial officer shall vacate the temporary restraining order or preliminary injunction, if any, and the writ of possession and, if levy has occurred, order the levying officer to return the property to the defendant. If the plaintiff's sureties do qualify the judicial officer shall order the levying officer to deliver the property to the plaintiff. If the defendant's sureties or others in their place fail to justify at the time and place appointed or do not qualify, the judicial officer shall order the levying officer to deliver the property to the plaintiff, or if the plaintiff has previously been given possession of the property he shall retain such possession. If the defendant's sureties do qualify, the judicial officer shall order the levying officer or the plaintiff to deliver the property to the defendant. History: Created 1976 Ky. Acts ch. 91, sec. 24.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.