Kentucky Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached

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US-02741BG
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Description

Attachment in legal terminology means a preliminary legal seizure of property to force compliance with a decision which may be obtained in a pending suit. Before a final judgment is issued, the court may order the sheriff or other proper officer to seize any property; credit, or right, belonging to the defendant, in whatever hands the same may be found, to satisfy the claim which the plaintiff has against him. In some states, an order of attachment can only be issued when a debtor is shown to be fleeing or concealing themselves from the legal process, so that the attached property can satisfy a judgment that may be awarded in the complainant's favor. In criminal law practice, it may refer to a writ requiring a sheriff to apprehend a particular person, who has been guilty of a contempt of court, and to bring the offender before the court.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Kentucky Judgments (both domestic and foreign judgments domesticated in Kentucky) are valid for fifteen (15) years and can be renewed. See KRS 413.090. The statute begins to run from the date execution was last issued.

A judgment lien in Kentucky will remain attached to the debtor's property (even if the property changes hands) for 15 years.

Tax liens are involuntary and occur when a homeowner does not pay their federal, state, or local taxes. If this happens, a tax lien is placed against your property. This lien takes priority over all other liens and stays there until the debt is completely paid.

376.160 Priority of liens -- Persons not deemed employees. Any lien provided for in KRS 376.150 and 376.180 shall be superior to the lien of any mortgage or other encumbrance thereafter created, and shall be for the whole amount due the employees as such, or due for such materials or supplies.

What is judgment enforcement? After you have sued your debtor and won, the court may award you a money judgment or order. If the judgment debtor fails to pay the amount ordered by the court, the judgment creditor will have to apply Enforcement of Judgment Law to enforce the judgment.

Tax Lien. A tax lien is an involuntary lien placed on your property if you fail to pay state or federal taxes. Tax liens are given priority over all other liens, which means they must be paid first.

Liens generally follow the "first in time, first in right" rule, which says that whichever lien is recorded first in the land records has higher priority than later recorded liens. For example, a mortgage has priority over a judgment lien if the lender records it before the judgment creditor records its lien.

And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Kentucky, a judgment lien can be attached to real estate only (i.e., a house or similar property interest).

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Kentucky Motion for Release of Property from Levy in Attachment Proceeding Due to Excess Amount Attached