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Kentucky · Snapshot 09/05/2026

KRS 425.011: Motion for writ of possession -- Required allegations.

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Where this section sits in the code
  1. KRS Chapter 425

(1) Upon filing of the complaint or at any time prior to judgment, in an action to

recover the possession of specific personal property, the plaintiff may apply

pursuant to this chapter for a writ of possession by filing a written motion for the

writ 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) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled

to possession of the property claimed. If the basis of the plaintiff's claim is a

written instrument, a copy of the instrument shall be attached.

(b) A showing that the property is wrongfully detained by the defendant, of the

manner in which the defendant came into possession of the property, and,

according to the best knowledge, information, and belief of the plaintiff the

reason for the detention.

(c) A particular description of the property and a statement of its value. A

description of property sufficient under KRS 355.9 -108 shall meet the

requirement of this section. The statement of value may be as to the worth of

the property as a whole.

(d) A statement, according to the best knowledge, information and belief of the

plaintiff, of the location of the property and if the property, or some part of i t,

is within a private place which may have to be entered to take possession a

showing that there is probable cause to believe that such property is located

there. Although such showing may be based on information and belief the

judicial officer at the hea ring herein provided must be presented with facts

sufficient to show that the information and the informant are credible and

reliable.

(e) A statement that the property has not been taken for a tax assessment, or fine,

pursuant to a statute; or seized unde r an execution against the property of the

plaintiff; or if so seized, that it is by statute exempt from such seizure.

(3) The requirements of subsection (2) of this section may be satisfied by one (1) or

more affidavits filed with the application.

Collected 2026-09-05T20:59:41Z. Source file · JSON

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