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KRS 425.307

Motion for order of attachment

Applied in 3 court decisions — leading case Leonard v. Farmers & Traders Bank Shelbyville (1980)

Most recently applied in Handmaker v. Certusbank, N.A. (May 2016)

Effective: June 17, 1978 History: Created 1978 Ky

How often courts cite this section

1980199020002010201610
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Upon filing of the complaint or at any time prior to judgment, the plaintiff may apply pursuant to this chapter for an order of attachment by filing a written motion for the order with the court in which the action is brought.

(2) The motion shall be executed under oath and shall include all of the following:

(a) The nature of the plaintiff's claim;

(b) That it is just;

(c) The sum which the plaintiff believes he ought to recover; and (d) The existence of any of the grounds for an attachment set forth in KRS 425.301 or 425.306.

(3) The order of attachment shall be issued by the clerk upon compliance with KRS 425.301(3) unless the defendant has requested a hearing, in which case a hearing shall be conducted pursuant to KRS 425.031.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.