Ky. Rev. Stat. § 426.381

Current through Acts Received April 24, 2024
Section 426.381 - Proceedings for discovery and satisfaction of judgment
(1) After an execution of fieri facias, directed to the county in which the judgment was rendered, or to the county of the defendant's residence, is returned by the proper officer, either as to the whole or part thereof, in substance, no property found to satisfy the same, the plaintiff in the execution may by an amended and supplemental petition filed in the action have the same redocketed and join with the execution defendant or defendants any person believed to be indebted to him or them, or to hold money or other property in which he or they have an interest, or to hold evidences or securities for the same. Upon the filing of such amended petition the case shall be transferred to the equity docket and summons issued thereon. In such supplemental proceeding or in a separate suit in equity against such parties (at his option) the plaintiff may have discovery and disclosure from the judgment creditor and his debtor or bailee, and may have any property discovered, or a sufficiency thereof, subjected to the satisfaction of the judgment.
(2) In such action the plaintiff may have an attachment against the property of the defendant in the execution, pursuant to the attachment procedures provided for in KRS Chapter 425.

KRS 426.381

Amended 1976 Ky. Acts ch. 91, sec. 39. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective 7/1/1953, from C.C. secs. 439, 441. -- C.C. sec. 439 amended and reenacted 1942 Ky. Acts ch. 100, sec. 1,