If a garnishee fails to make a disclosure satisfactory to the plaintiff, the latter may bring an action against him, by petition or amended petition, in the same manner, and the proceedings therein shall be the same as in other actions; and the plaintiff may procure an order of attachment in the same manner, and the proceedings thereupon shall be the same, as is hereinbefore and hereinafter authorized concerning attachments--except that the plaintiff's affidavit shall state, in addition to the facts required to be stated in KRS 425.301(3), the sum which the defendant owes to the plaintiff's debtor; and the plaintiff shall not be entitled to attach for or recover more than that sum and costs nor more than the amount of the plaintiff's claim against his debtor and costs.
KRS 425.526
Action by plaintiff against garnishee -- Attachment
Applied in 5 court decisions — leading case McMahan & Company v. Po Folks, Inc., Traditional Bank, Incorporated F/k/a Montgomery Traders Bank & Trust Company, Garnishee-Appellee (2000)
Most recently applied in Deal v. First & Farmers National Bank, Inc. (March 2017)
History: Created 1976 Ky
How often courts cite this section
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.
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.