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425.116 Defendant's bond.
(1)
(2)
(3)
(4)
The defendant or any other person claiming interest in the property, may prevent the
plaintiff from taking possession of property pursuant to a writ of possession or
regain possession of property so taken by filing with the court in which the action
was brought, a written bond executed by one (1) or more sufficient sureties in an
amount equal to either the amount of the plaintiff's bond required by KRS 425.111
or if there has been no judicial determination, the value of the property stated in the
plaintiff's application for a writ of possession. The bond shall state that, if the
plaintiff recovers judgment on the action, the defendant shall pay all costs awarded
to the plaintiff and all damages that the plaintiff may sustain by reason of the loss of
possession of the property, not exceeding the amount of the bond. The damages
recoverable by the plaintiff pursuant to this section shall include all damages
proximately caused by the plaintiff's failure to gain or retain possession.
The defendant's bond may be filed at any time before or after levy of the writ of
possession. A copy of the bond shall be mailed to the levying officer and to the
plaintiff. A certification stating that such copies have been mailed shall be filed
with the court at the time the bond is filed.
The defendant's bond shall state the address to which a copy of the notice of
exception to sureties may be sent.
If an undertaking for redelivery is filed and defendant's sureties are not excepted to,
the levying officer shall deliver the property to the defendant, or, if the plaintiff has
previously been given possession of the property, the plaintiff shall deliver such
property to the defendant. If a bond for redelivery is filed and defendant's sureties
are excepted to, the provision of KRS 425.101 shall apply.
History: Created 1976 Ky. Acts ch. 91, sec. 23.
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