383.030 Attachment for rent -- Procedure.

249 words·~1 min read·/ky/chapter-383/383-030

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

(1)If any person is liable for rent due not later than one year thereafter, whether

payable in money or some other thing, the person to whom the rent is owing or his

agent or attorney may file an affidavit in the district court if the amount involved is

less than $1,500 and otherwise in the Circuit Court of the county in which the

tenement lies, stating that there are reasonable grounds for belief, and that he does

believe, that unless an attachment is issued he will lose his rent. The court shall then

issue an attachment for the rent against the personal property of the person liable for

the rent, to any county the person suing out the attachment may desire. But the

attachment shall not issue until the plaintiff has given bond, with good surety, to

indemnify the defendant should it appear that the attachment has been wrongfully

obtained.

(2)Attachments for rent issued shall be returned before the court issuing the

attachment. The proceedings thereon shall be the same as on other attachments

according to KRS Chapter 425 and the Rules of Civil Procedure.

(3)The defendant may deny the tenancy or his liability to pay rent, as stated in the

affidavit. He may repossess himself of the property by executing bond in a manner

similar to that prescribed in KRS Chapter 425, subject to similar proceedings if

forfeited, as is prescribed by KRS Chapter 425 and the Rules of Civil Procedure on

such a bond.