425.501 Proceedings for obtaining order of garnishment.
403 words·~2 min read·
/ky/chapter-425/425-501A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Any person in whose favor a final judgment in personam has been entered in any
court of record of this state may, upon the filing of an affidavit by him or his agent
or attorney in the office of the clerk of the court in which the judgment was entered,
and in the same cause in which said judgment was obtained showing the date of the
judgment and the amount due thereon, and that one
(1)or more named persons hold
property belonging to, or are indebted to, the judgment debtor, obtain an order of
garnishment to be served in accordance with the Rules of Civil Procedure.
(2)The judgment plaintiff shall not be required to execute bond to obtain the order.
(3)The order of garnishment shall be served on the persons named as garnishees, and
in addition a copy thereof shall be delivered by the garnishee to the judgment debtor
or mailed to him at his last known address, along with a processing fee in the
amount of ten dollars ($10) paid by the judgment plaintiff. The processing fee may
be retained by the garnishee regardless of whether the court finds that the garnishee
was or was not, at the time of service of the order upon him, possessed of any
property of the judgment debtor.
(4)The judgment debtor may appear and claim the exemption of any property or debt
that is exempt from execution, and on proof of exemption the garnishment shall be
discharged as to the exempt property or debt.
(5)If the court finds that the garnishee was, at the time of service of the order upon
him, possessed of any property of the judgment debtor, or was indebted to him, and
the property or debt is not exempt from execution, the court shall order the property
or the proceeds of the debt applied upon the judgment.
(6)Subsequent orders of garnishment against the same or other garnishees may be
issued in the same manner until the judgment is satisfied.
(7)The provisions of KRS Chapter 427 shall, as far as applicable, govern proceedings
under the order.
(8)The order of garnishment shall be served in accordance with the Rules of Civil
Procedure. It shall summon the garnishees to answer in the action in the manner and
at the time required for an answer by the Rules of Civil Procedure, and to make due
return thereof.