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383.030 Attachment for rent -- Procedure.
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If any person is liable for rent due not later than one year thereafter, whether
payable in money or some other thing, the person to whom the rent is owing or his
agent or attorney may file an affidavit in the district court if the amount involved is
less than $1,500 and otherwise in the Circuit Court of the county in which the
tenement lies, stating that there are reasonable grounds for belief, and that he does
believe, that unless an attachment is issued he will lose his rent. The court shall then
issue an attachment for the rent against the personal property of the person liable for
the rent, to any county the person suing out the attachment may desire. But the
attachment shall not issue until the plaintiff has given bond, with good surety, to
indemnify the defendant should it appear that the attachment has been wrongfully
obtained.
Attachments for rent issued shall be returned before the court issuing the
attachment. The proceedings thereon shall be the same as on other attachments
according to KRS Chapter 425 and the Rules of Civil Procedure.
The defendant may deny the tenancy or his liability to pay rent, as stated in the
affidavit. He may repossess himself of the property by executing bond in a manner
similar to that prescribed in KRS Chapter 425, subject to similar proceedings if
forfeited, as is prescribed by KRS Chapter 425 and the Rules of Civil Procedure on
such a bond.
Effective: January 2, 1978
History: Amended 1976 (1st Extra Sess.) Ky. Acts ch. 14, sec. 311, effective January 2,
1978. -- Amended 1966 Ky. Acts ch. 255, sec. 263. -- Recodified 1942 Ky. Acts ch.
208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2302, 2303.
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