{"data":{"id":"us-ky/krs-425.116","jurisdiction":"us-ky","citation":"KRS 425.116","heading":"Defendant's bond.","body":"(1) The defendant or any other person claiming interest in the property, may prevent the\nplaintiff from taking possession of property pursuant to a writ of possession or\nregain possession of property so taken by filing with the court in which the action\nwas brought, a written bond executed by one (1) or more sufficient sureties in an\namount equal to either the amount of the plaintiff's bond required by KRS 425.111\nor if there has been no judicial determination, the value of the property stated in the\nplaintiff's application for a writ of possession.  The bond shall state that, if the\nplaintiff recovers judgment on the action, the defendant shall pay all costs awarded\nto the plaintiff and all damages that the plaintiff may sustain by reason of the loss of\npossession of the property, not exceeding the amount of the bond.  The damages\nrecoverable by the plaintiff pursuant to this section shall include all damages\nproximately caused by the plaintiff's failure to gain or retain possession.\n(2) The defendant's bond may  be filed at any time before or after levy of the writ of\npossession.  A copy of the bond shall be mailed to the levying officer and to the\nplaintiff.  A certification stating that such copies have been mailed shall be filed\nwith the court at the time the bond is filed.\n(3) The defendant's bond shall state the address to which a copy of the notice of\nexception to sureties may be sent.\n(4) If an undertaking for redelivery is filed and defendant's sureties are not excepted to,\nthe levying officer shall deliver the property to the defendant, or, if the plaintiff has\npreviously been given possession of the property, the plaintiff shall deliver such\nproperty to the defendant. If a bond for redelivery is filed and defendant's sureties\nare excepted to, the provision of KRS 425.101 shall apply.","path":["KRS Chapter 425"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=18326","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:42Z","sha256":"656c3cb20c188a97e7ae8702ab4bae5a7be800ad571d56495099cc9a6297b39a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-425.115","next":"us-ky/krs-425.120"},"notice":"GroundRules: Original legal text. Not legal advice."}