425.076 Issuance of ex parte writ of possession.

294 words·~1 min read·/ky/chapter-425/425-076

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

(1)A judicial officer, except as otherwise provided by statute, shall not issue an ex

parte writ of possession unless it appears from facts shown by affidavit that great or

irreparable injury would result to the plaintiff if issuance of the writ were delayed

until the matter could be heard on notice.

(2)The requirement of subsection

(1)is satisfied if any of the following are known:

(a)A danger that the property sought to be attached would be concealed or placed

beyond the process of the court or substantially impaired in value if issuance

of the order were delayed until the matter could be heard on notice.

(b)The defendant gained possession of the property by wrongfully taking the

property from the plaintiff. This provision shall not apply when the defendant

has fraudulently appropriated property entrusted to him or obtained possession

by false pretense or by embezzlement.

(c)The property is a credit card.

(d)Any other circumstances showing that great or irreparable injury would result

to the plaintiff if issuance of the writ were delayed until the matter could be

heard on notice.

(3)The plaintiff's motion for the writ shall satisfy the requirements of KRS 425.011

and in addition shall include a showing that the conditions required by this section

exist. The judicial officer may issue a writ of possession if he finds that the

conditions required by this section exist and the requirements of KRS 425.036 are

met. Where a writ of possession has been issued pursuant to this section, a copy of

the summons and complaint, a copy of the motion for the writ of possession and any

affidavit in support thereof shall be served upon persons required by KRS 425.096

to be served with a writ of possession.