425.012 Writ of possession.

235 words·~1 min read·/ky/chapter-425/425-012

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

(1)Before a writ of possession shall be issued by the clerk, the person seeking the writ

must first make a demand in writing at or after the time the suit is filed, by

delivering such demand and a copy of the complaint, motion and summons to the

defendant or by sending them to him by registered or certified mail, return receipt

requested, to the last known place of residence, at least seven

(7)and not more than

sixty

(60)days before such order is sought. The demand shall contain a statement in

substance that the defendant has seven

(7)days in which to petition the court for a

hearing or in which to pay the amount claimed in the complaint in full, and that

unless a hearing is set or the amount paid, a writ of possession will issue. The

statement shall identify the court in which the suit has been filed, the grounds

therefor, the date of the demand, the amount claimed, and the name and address of

the plaintiff and his attorney. An affidavit of the plaintiff or his attorney evidencing

compliance with this subsection shall be filed before a writ shall be issued.

(2)The writ of possession shall be issued by the clerk upon compliance with subsection

(1)of this section unless the defendant has requested a hearing, in which case a

hearing shall be conducted pursuant to KRS 425.031.