{"data":{"id":"us-ky/krs-425.301","jurisdiction":"us-ky","citation":"KRS 425.301","heading":"Grounds for attachment in action for recovery of money.","body":"The plaintiff may, at or after the commencement of an action, have an attachment against\nthe property of the defendant, including garnishees, as a security for the satisfaction of\nsuch judgment as may be recovered:\n(1) In an action for the recovery of money against:\n(a) A defendant  who is a foreign corporation or nonresident of the state; or\n(b) Who has been absent herefrom for four (4) months; or\n(c) Has departed herefrom with intent to defraud his creditors; or\n(d) Has left the county of his residence to avoid the service of a summons; or\n(e) So conceals himself that a summons cannot be served upon him; or\n(f) Is about to remove, or has removed, his property, or a material part thereof,\nout of this state, not leaving enough therein to satisfy the plaintif f's claim, or\nthe claims of said defendant's creditors; or\n(g) Has sold, conveyed, or otherwise disposed of, his property, or suffered or\npermitted it to be sold, with the fraudulent intent to cheat, hinder or delay his\ncreditors; or\n(h) Is about to sell, convey, or otherwise dispose of his property, with such intent.\nBut an attachment shall not be granted on the ground that the defendant is a\nforeign corporation, or a nonresident of this state, for any claim other than a\ndebt or demand arising upon a cont ract, express or implied, or a judgment or\naward.\n(2) In an action for the recovery of money due upon a contract, judgment or award, if\nthe defendant have no property in this state subject to execution, or not enough\nthereof to satisfy the plaintiff's dema nd, and the collection of the demand will be\nendangered by delay in obtaining judgment or a return of no property found;\n(3) Before an order of attachment shall issue prior to judgment, the person seeking the\norder must first make a demand in writing at or  after the time the suit is filed, by\ndelivering such demand and a copy of the complaint, motion and summons to the\ndebtor or by sending them to him by registered or certified mail, return receipt\nrequested, to his last known place of residence, at least s even (7) and not more than\nsixty (60) days before such order is sought.  The demand shall contain a statement\nin substance that the debtor has seven (7) days in which to petition the court for a\nhearing or in which to pay the claim in full, and that unless  a hearing is set or the\nclaim paid, an order will be sought to subject his property to payment of the claim.\nThe statement shall identify the court in which the suit has been filed, the grounds\ntherefor, the date of the demand, the amount of the claim, an d the name and address\nof the plaintiff and his attorney. An affidavit of the plaintiff or his attorney\nevidencing compliance with this section shall be filed before an order shall be\nissued.","path":["KRS Chapter 425"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=18367","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:42Z","sha256":"ba974aae109e638025f6d3979b947b4d9ee6fa407f59e1427e428566ad986eb7","source_id":"us-ky","stale":false,"prev":"us-ky/krs-425.300","next":"us-ky/krs-425.302"},"notice":"GroundRules: Original legal text. Not legal advice."}