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426.381 Proceedings for discovery and satisfaction of judgment.
(1)
(2)
After an execution of fieri facias, directed to the county in which the judgment was
rendered, or to the county of the defendant's residence, is returned by the proper
officer, either as to the whole or part thereof, in substance, no property found to
satisfy the same, the plaintiff in the execution may by an amended and supplemental
petition filed in the action have the same redocketed and join with the execution
defendant or defendants any person believed to be indebted to him or them, or to
hold money or other property in which he or they have an interest, or to hold
evidences or securities for the same. Upon the filing of such amended petition the
case shall be transferred to the equity docket and summons issued thereon. In such
supplemental proceeding or in a separate suit in equity against such parties (at his
option) the plaintiff may have discovery and disclosure from the judgment creditor
and his debtor or bailee, and may have any property discovered, or a sufficiency
thereof, subjected to the satisfaction of the judgment.
In such action the plaintiff may have an attachment against the property of the
defendant in the execution, pursuant to the attachment procedures provided for in
KRS Chapter 425.
History: Amended 1976 Ky. Acts ch. 91, sec. 39. -- Transferred 1952 Ky. Acts ch. 84,
sec. 1, effective July 1, 1953, from C.C. secs. 439, 441. -- C.C. sec. 439 amended and
reenacted 1942 Ky. Acts ch. 100, sec. 1,
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