{"data":{"id":"us-ky/krs-431.535","jurisdiction":"us-ky","citation":"KRS 431.535","heading":"Cash, stocks, bonds, or real estate as security for bail.","body":"(1) Any person who has been permitted to execute a bail bond in accordance with KRS\n431.520(3)(c) may secure such bond:\n(a) By a deposit, with the clerk of the court, of cash, or stocks and bonds in which\ntrustees are authorized to invest funds under the laws of this Commonwealth\nhaving an unencumbered market value of not less than the amount of the bail\nbond; or\n(b) By real estate situated in this Commonwealth with unencumbered equity, not\nexempt and owned by the defendant or a surety or sureties having a fair\nmarket value at least double the amount of the bail bond.\n(2) If the bail bond is secured by stocks and bonds the defendant or the surety or\nsureties shall file with the bond a sworn schedule which shall be approved by the\ncourt and shall contain:\n(a) A l ist of the stocks and bonds deposited describing each in sufficient detail\nthat they may be identified;\n(b) The present market value of each stock and bond;\n(c) The total market value of the stocks and bonds listed;\n(d) A statement that the affiant or affiants is the sole owner or owners thereof and\nthat the stocks and bonds listed are not exempt from execution;\n(e) A statement that such stocks and bonds have not previously been deposited or\naccepted as bail in this Commonwealth during the 12 months precedi ng the\ndate of the bail bond; provided, however, this statement shall not be required\nof the defendant using his own property as security; or if the surety or sureties\nusing their property as security are related to the defendant by consanguinity\nno furthe r removed than first cousin; or if the surety or sureties is either a\nfather-in-law, mother-in-law, son-in-law, or daughter-in-law of the defendant;\nand\n(f) A statement that such stocks and bonds are security for the appearance of the\ndefendant in accordance with the conditions of release imposed by the court.\n(3) If the bail bond is secured by real estate the defendant or surety or sureties shall file\nwith the bond a sworn schedule which shall contain:\n(a) A legal description of the real estate;\n(b) A desc ription of any and all encumbrances on the real estate including the\namount of each and the holder thereof;\n(c) The market value of the unencumbered equity owned by the affiant or affiants;\n(d) A statement that the affiant is the sole owner, or in the case of jointly owned\nreal estate, that affiants are the sole owners of such unencumbered equity and\nthat it is not exempt from execution;\n(e) A statement that the real estate has not previously bee n used or accepted as\nbail in this Commonwealth during the 12 months preceding the date of the\nbail bond; provided, however, this statement shall not be required of the\ndefendant  using his own property as security; or if the surety or sureties using\ntheir property as security are related to the defendant by consanguinity no\nfurther removed than first cousin; or if the surety or sureties is either a father -\nin-law, mother-in-law, son-in-law or daughter-in-law of the defendant; and\n(f) A statement that the re al estate is security for the appearance of the defendant\nin accordance with the conditions of release imposed by the court.\n(4) The sworn schedule shall constitute a material part of the bail bond. An affiant shall\nbe subject to penalty of perjury if in t he sworn schedule he makes a false statement\nwhich he does not believe to be true.\n(5) A certified copy of the bail bond and schedule of real estate accompanied by the\nnecessary recording fee which shall be paid by the affiant or affiants shall be filed\nimmediately by the clerk of the court requiring the bail bond in the office of the\ncounty clerk of the county in which the real estate is situated.  The county clerk\nshall record such copies of said bail bonds and schedule and the Commonwealth\nshall have a l ien upon such real estate from the date and time of such recordation.\nThe instruments described herein shall be recorded in the miscellaneous\nencumbrances book provided by the county clerk.\n(6) If the conditions of release imposed by the court have been p erformed and the\ndefendant has been discharged from all obligations in the action, the clerk of the\ncourt shall return to him or his sureties the deposit of any cash, stocks or bonds.  If\nthe bail bond has been secured by real estate, the clerk of the court requiring the bail\nbond shall forthwith notify in writing the county clerk of the county where the real\nestate is situated and the lien on the real estate shall be discharged and the release\nthereof recorded in the margin.","path":["KRS Chapter 431"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=18638","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:46Z","sha256":"a49c62ca51f7764b34cdcbd363745e6c9198d6f350b2e65ad454bd77745ca444","source_id":"us-ky","stale":false,"prev":"us-ky/krs-431.532","next":"us-ky/krs-431.540"},"notice":"GroundRules: Original legal text. Not legal advice."}