426.590 Failure to deliver property on forthcoming bond -- Return of officer --
169 words·~1 min read·
/ky/426-590A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Liability of surety -- Execution for balance due.
(1)If the defendant in execution fails to pay or replevy the amount of the execution,
and fails to deliver the property specified in the forthcoming bond or other property
in its place sufficient to satisfy the execution and all costs and commissions, the
officer shall return the execution and bond to the office where it was issued and
endorse on the execution the levy, the giving of the bond, the particular property
which is not forthcoming and all other facts. The surety on the forthcoming bond
shall be liable only for the value of the property specified in the bond which is not
forthcoming, with interest thereon from the date of the bond and the accruing costs.
(2)If the property specified in a forthcoming bond is not of value sufficient to satisfy
the execution and all costs and commissions, the proper officer may issue another
execution and credit it with the value of the property specified in the bond.