426.360 Money collected by officer on execution -- Liability for failure to pay over -

207 words·~1 min read·/ky/426-360

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

- Duty on stay of proceedings -- Remedies.

(1)If a sheriff or other like officer receives money on any writ of execution or other

process, and fails on proper demand to immediately pay the money to the party

entitled thereto or to his agent or attorney, the officer and his sureties or any one of

them, or his personal representatives, heirs or devisees, shall be liable to such party

for the amount collected and fifteen percent per annum interest thereon from the

demand until paid, together with the costs of recovery, legal and extraordinary. The

remedy shall be by motion or action in the court where the execution issued. Ten

days' notice of the motion, specifying the grounds thereof, shall be given.

(2)If the sheriff or a like officer collects any money under an execution in his hands,

and the defendant obtains an injunction or other writ staying proceedings on the

execution before the money is paid over to the plaintiff, the officer must pay the

money or the part for which the execution is stayed to the defendant from whom it

was collected. Any officer refusing to pay over money as herein directed shall be

liable as provided in subsection

(1)of this section.