2013 Kentucky Revised Statutes CHAPTER 91 - FINANCE AND REVENUE OF CITIES OF THE FIRST CLASS 91.4882 Action in rem -- Pleadings -- Default judgment -- Cross-claim by taxing authority.
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91.4882 Action in rem -- Pleadings -- Default judgment -- Cross-claim by
taxing authority.
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Any action brought pursuant to KRS 91.488 to 91.4885 shall constitute an
action in rem and the pleadings therein shall consist of a petition and an
answer or answers.
An answer may be filed by any person or taxing authority owning or claiming
any right, title or interest in or to any tax bill constituting a tax lien on the real
estate described in the petition or by any person owning or claiming any right,
title, or interest in or to, or lien upon, such real estate. An answer shall include
the nature and amount of the interest and any defense or objection to the
enforcement of the tax liens listed in the petitions, and may include the
allegations usually incorporated by the appropriate pleadings.
Any answers shall contain the caption and number of the case, and the count
number or numbers, as set out in the petition, of the parcels of real estate
concerned. Such answer must be filed with the Circuit Court clerk and a copy
thereof served on the collector not later than fifty (50) days after the date of the
first publication of the notice of enforcement.
In the event of failure to answer within said fifty (50) day period, a default
judgment may be taken on all parcels of real estate for which no answer has
been filed.
Any taxing authority owning or claiming any interest, right or title in or to any
tax bill constituting a tax lien on the real property described in the petition filed
pursuant to KRS 91.4881 may either file a cross-claim or join the action as a
co-plaintiff using the provisions of KRS 91.484 to 91.527, notwithstanding the
provisions of KRS 134.010 et seq.
Effective:July 14, 1992
History: Amended 1992 Ky. Acts ch. 314, sec. 2, effective July 14, 1992. -Amended 1986 Ky. Acts ch. 42, sec. 1, effective July 15, 1986. -- Amended
1984 Ky. Acts ch. 111, sec. 53, effective July 13, 1984. -- Created 1982 Ky. Acts
ch. 409, sec. 3, effective July 15, 1982.
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