{"data":{"id":"us-ky/krs-425.011","jurisdiction":"us-ky","citation":"KRS 425.011","heading":"Motion for writ of possession -- Required allegations.","body":"(1) Upon filing of the complaint or at any time prior to judgment, in an action to\nrecover the possession of specific personal property, the plaintiff may apply\npursuant to this chapter for a writ of possession by filing a written motion for the\nwrit with the court in which the action is brought.\n(2) The motion shall be executed under oath and shall include all of the following:\n(a) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled\nto possession of the property claimed.  If the basis of the plaintiff's claim is a\nwritten instrument, a copy of the instrument shall be attached.\n(b) A showing that the property is wrongfully detained by the defendant, of the\nmanner in which the defendant came into possession of the property, and,\naccording to the best knowledge, information, and belief of the plaintiff the\nreason for the detention.\n(c) A particular description of the property and a statement of its value. A\ndescription of property sufficient under KRS 355.9 -108 shall meet the\nrequirement of this section. The statement of value may be as to the worth of\nthe property as a whole.\n(d) A statement, according to the best knowledge, information and belief of the\nplaintiff, of the location of the property and if the property, or some part of i t,\nis within a private place which may have to be entered to take possession a\nshowing that there is probable cause to believe that such property is located\nthere. Although such showing may be based on information and belief the\njudicial officer at the hea ring herein provided must be presented with facts\nsufficient to show that the information and the informant are credible and\nreliable.\n(e) A statement that the property has not been taken for a tax assessment, or fine,\npursuant to a statute; or seized unde r an execution against the property of the\nplaintiff; or if so seized, that it is by statute exempt from such seizure.\n(3) The requirements of subsection (2) of this section may be satisfied by one (1) or\nmore affidavits filed with the application.","path":["KRS Chapter 425"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=18282","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:41Z","sha256":"aeab197d875de0e0bf1012dbb61a781cc03d0335a1468ba5ce6f56ef463c2694","source_id":"us-ky","stale":false,"prev":"us-ky/krs-425.010","next":"us-ky/krs-425.012"},"notice":"GroundRules: Original legal text. Not legal advice."}
