2013 Kentucky Revised Statutes CHAPTER 135 - COLLECTION OF PUBLIC CLAIMS BY ACTION 135.030 Issue of process and executions on judgments in favor of the state.
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135.030 Issue of process and executions on judgments in favor of the state.
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Each Circuit Court clerk shall, after the expiration of ten (10) days from the
rendition of judgment in favor of the state, unless otherwise ordered by the
court, issue proper process and place it in the hands of the sheriff on all such
judgments that have not been paid or replevied in the office or remitted or
respited by the Governor, and each such clerk shall, within ten (10) days after
the maturity of each replevied bond on any such judgment entered in the court
of which he is clerk, issue executions and place them in the hands of the
sheriff. Upon an execution so issued upon any replevied bond being returned
by the sheriff without making the money, the officer who issued it shall reissue
executions and place them in the hands of the sheriff from time to time at least
once every ten (10) months for a period of five (5) years, and as often
thereafter as demanded by the Commonwealth's attorney, county attorney,
sheriff or Circuit Court clerk. Upon all such judgments, executions or capias pro
fine that are stayed or respited by the Governor, the clerk of the court in which
the judgment has been entered shall issue proper process and place it in the
hands of the sheriff within ten (10) days after the expiration of the stay or
respite. A receipt shall be taken from the sheriff for all process placed in his
hands pursuant to this section.
Upon the failure of any Circuit Court clerk to discharge his duties as required in
this section, he shall be held responsible on his official bond for the amount of
the judgment, interest and costs to which such failure is applicable.
Nothing in this section shall authorize the Governor to remit any judgment
unless it is a fine imposed as a punishment.
Effective:January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 154, effective
January 2, 1978. -- Amended 1976 Ky. Acts ch. 28, sec. 1. -- Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4245.
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