{"data":{"id":"us-ky/krs-425.121","jurisdiction":"us-ky","citation":"KRS 425.121","heading":"Exception to sureties -- Effect of failure to justify.","body":"(1) The defendant may except to the plaintiff's sureties not later than 10 days after levy\nof the writ of possession by filing with the court in which the action was brought a\nnotice of exception to sureties and mailing a copy of the notice to the levying officer\nand to the plaintiff.  The notice of exception filed with the court shall contain a\ncertification that copies  have been mailed to the levying officer and to the plaintiff.\n(2) The plaintiff may except to the defendant's sureties not later than 10 days  after the\ndefendant's bond is filed by filing with the court in which the action was brought a\nnotice of exception to sureties and mailing a copy of the notice to the levying officer\nand to the defendant at the address set out in his bond.  The notice of exception filed\nwith the court shall contain a certification that copies have been mailed to the\nlevying officer.\n(3) If the plaintiff or the defendant does not except to the sureties of the other as\nprovided in this section he waives all objection to them.\n(4) When excepted to, the sureties shall justify that they are sufficient before a judicial\nofficer of the court in which the action was brought at a time specified by the\nexcepting party and in compliance with the rules of procedure.\n(5) If the plaintiff's sureties, or others in their place, fail to justify at the time and place\nappointed or do not qualify, the judicial officer shall vacate the temporary\nrestraining order or preliminary injunction, if any, and the writ of possession and, if\nlevy has occurred, order the levying officer to return the property to the defendant.\nIf the plaintiff's sureties do qualify the judicial officer shall order the levying officer\nto deliver the property to the plaintiff.\n(6) If the defendant's sureties or others in the ir place fail to justify at the time and place\nappointed or do not qualify, the judicial officer shall order the levying officer to\ndeliver the property to the plaintiff, or if the plaintiff has previously been given\npossession of the property he shall ret ain such possession.  If the defendant's\nsureties do qualify, the judicial officer shall order the levying officer or the plaintiff\nto deliver the property to the defendant.","path":["KRS Chapter 425"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=18328","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:42Z","sha256":"66902a24f8adc2a7e7aa72960b896c611693a0684cc6d88bd5164cebcfcb3ecc","source_id":"us-ky","stale":false,"prev":"us-ky/krs-425.120","next":"us-ky/krs-425.125"},"notice":"GroundRules: Original legal text. Not legal advice."}