426.080 Counties to which executions may issue -- Liability for wrongful issuance.

161 words·~1 min read·/ky/chapter-426/426-080

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

(1)No execution against property shall issue to any other county than that in which the

judgment was rendered, or that in which the defendant resides, until execution has

issued to one of the counties named and has been returned endorsed by the proper

officer that no property was found, as to all or part thereof. However, if the plaintiff

or his agent or attorney makes and files with the clerk of the court in which the

judgment was rendered an affidavit stating that the defendant in the judgment has

not sufficient property subject to execution in the county in which the judgment was

rendered, or in the county in which he resides, to satisfy the judgment, execution

shall issue to any or as many counties as the plaintiff directs.

(2)The plaintiff shall be liable to the defendant for any damage he sustains by the

plaintiff's procuring an execution to issue wrongfully under the provisions of KRS

426.080 to 426.110.