There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 426 ENFORCEMENT OF JUDGMENTS
426.360 Money collected by officer on execution -- Liability for failure to pay over -- Duty on stay of proceedings -- Remedies.
Download pdfentitled thereto or to his agent or attorney, the officer and his sureties or any one of
them, or his personal representatives, heirs or devisees, shall be liable to such party
for the amount collected and fifteen percent per annum interest thereon from the
demand until paid, together with the costs of recovery, legal and extraordinary. The
remedy shall be by motion or action in the court where the execution issued. Ten
days' notice of the motion, specifying the grounds thereof, shall be given. (2) If the sheriff or a like officer collects any money under an execution in his hands, and the defendant obtains an injunction or other writ staying proceedings on the
execution before the money is paid over to the plaintiff, the officer must pay the
money or the part for which the execution is stayed to the defendant from whom it
was collected. Any officer refusing to pay over money as herein directed shall be
liable as provided in subsection (1) of this section. Effective: October, 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1715, 1719.
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