{"data":{"id":"us-ky/krs-425.076","jurisdiction":"us-ky","citation":"KRS 425.076","heading":"Issuance of ex parte writ of possession.","body":"(1) A judicial officer, except as otherwise provided by statute, shall not issue an ex\nparte writ of possession unless it appears from facts shown by affidavit that great or\nirreparable injury would result to the plaintiff if issuance of the writ were delayed\nuntil the matter could be heard on notice.\n(2) The requirement of subsection (1) is satisfied if any of the following are known:\n(a) A danger that the property sought to be attached would be concealed or placed\nbeyond the process of the court or substant ially impaired in value if issuance\nof the order were delayed until the matter could be heard on notice.\n(b) The defendant gained possession of the property by wrongfully taking the\nproperty from the plaintiff.  This provision shall not apply when the def endant\nhas fraudulently appropriated property entrusted to him or obtained possession\nby false pretense or by embezzlement.\n(c) The property is a credit card.\n(d) Any other circumstances showing that great or irreparable injury would result\nto the plaint iff if issuance of the writ were delayed until the matter could be\nheard on notice.\n(3) The plaintiff's motion for the writ shall satisfy the requirements of  KRS 425.011\nand in addition shall include a showing that the conditions required by this section\nexist.  The judicial officer may issue a writ of possession if he finds that the\nconditions required by this section exist and the requirements of KRS 425.036 are\nmet.  Where a writ of possession has been issued pursuant to this section, a copy of\nthe summons and complaint, a copy of the motion for the writ of possession and any\naffidavit in support thereof shall be served upon persons required by KRS 425.096\nto be served with a writ of possession.","path":["KRS Chapter 425"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=18310","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:42Z","sha256":"a04c647ddb019e80a873a3908d9e7ab983dcdb5479cea49d171c2b74b7145362","source_id":"us-ky","stale":false,"prev":"us-ky/krs-425.075","next":"us-ky/krs-425.080"},"notice":"GroundRules: Original legal text. Not legal advice."}
