425.116 Defendant's bond.

313 words·~1 min read·/ky/chapter-425/425-116

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

(1)The defendant or any other person claiming interest in the property, may prevent the

plaintiff from taking possession of property pursuant to a writ of possession or

regain possession of property so taken by filing with the court in which the action

was brought, a written bond executed by one

(1)or more sufficient sureties in an

amount equal to either the amount of the plaintiff's bond required by KRS 425.111

or if there has been no judicial determination, the value of the property stated in the

plaintiff's application for a writ of possession. The bond shall state that, if the

plaintiff recovers judgment on the action, the defendant shall pay all costs awarded

to the plaintiff and all damages that the plaintiff may sustain by reason of the loss of

possession of the property, not exceeding the amount of the bond. The damages

recoverable by the plaintiff pursuant to this section shall include all damages

proximately caused by the plaintiff's failure to gain or retain possession.

(2)The defendant's bond may be filed at any time before or after levy of the writ of

possession. A copy of the bond shall be mailed to the levying officer and to the

plaintiff. A certification stating that such copies have been mailed shall be filed

with the court at the time the bond is filed.

(3)The defendant's bond shall state the address to which a copy of the notice of

exception to sureties may be sent.

(4)If an undertaking for redelivery is filed and defendant's sureties are not excepted to,

the levying officer shall deliver the property to the defendant, or, if the plaintiff has

previously been given possession of the property, the plaintiff shall deliver such

property to the defendant. If a bond for redelivery is filed and defendant's sureties

are excepted to, the provision of KRS 425.101 shall apply.