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426.680 Procedure for levy of execution on jointly owned property.
If an officer levy an execution upon personal property held by the execution debtor
jointly with another person:
(1) The officer shall not deprive such person, without his consent in writing, of the
possession of the property, except for the purpose of having it inventoried and
appraised, which he shall cause to be done pursuant to the provisions of KRS
426.645;
(2) The officer shall return the inventory and appraisement, with the execution, to
the office from which it issued; and shall state in his return the facts connected
with the levy, and the claim of the joint owner;
(3) The execution creditor shall have a lien upon the property levied on, such as is
given by law to an execution in the hands of an officer; and upon the aforesaid
return, the creditor may enforce said lien by an action in equity;
(4) If such creditor, at the commencement of his action or afterward, shall file an
affidavit that he verily believes the property levied upon will be removed from
the county or sold or otherwise disposed of with intent fraudulently to defeat his
lien, the court, or the District Court if no Circuit Judge is available, may make
an order directing the officer to possess himself of the property so levied upon,
unless bond, with approved security, shall be executed to the plaintiff in the
execution, binding the obligors in said bond to have the same forthcoming in
obedience to any order or judgment of the court in the action; which bond shall
be taken by the officer and returned by him to the court in which the action is
pending.
Effective:January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 436, effective
January 2, 1978. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1,
1953, from C.C. sec. 660.
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