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426.350 Liability of officer for failing to make return in time -- Exceptions.
(1)
(2)
(3)
Any sheriff or like officer, in whose hands a writ of execution is placed, who
fails, without reasonable excuse, to return the writ to the office where it was
issued within thirty days after the return day, shall, with his sureties or the
personal representatives, heirs or devisees of either, be liable jointly and
severally to the plaintiff in the execution for the amount of the execution, with
thirty percent damages thereon and the costs of recovery. The remedy shall be
the same as provided in KRS 426.360.
The provisions of subsection (1) of this section shall not apply to any case in
which the collecting officer had, at the commencement of the proceeding, paid
the plaintiff the amount of the execution. If he had paid in part, then the thirty
percent damages shall only be adjudged against him upon the portion unpaid.
If the defendant in an execution is insolvent, and has no property in the county
out of which the execution or any part thereof can be made, the collecting
officer shall not be held liable for the amount of the execution for failing to
comply with the provisions of subsection (1) of this section, but shall be liable
for thirty percent of the amount of the execution.
Effective:October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. secs. 1716, 1717, 1718.
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