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KENTUCKY
RULES OF CIVIL PROCEDURE CR 69.01 SERVICE UPON DEFENDANTS IN RESPECT TO PROCEEDINGS FOR ATTACHMENT OR WRIT OF POSSESSION Service of summons, notice and other required papers upon defendants in respect to proceedings for attachment or writ of possession shall be made as prescribed in Rule 4, or may be served by any person authorized to serve a subpoena pursuant to Rule 45.03, or may be directed by the plaintiff to the defendant at his last known place of residence by certified mail, return receipt requested. Expenses shall be recoverable as costs. [Adopted eff. 6-1-78] CR 69.02 POST-JUDGMENT GARNISHMENT; SERVICE; ANSWER; DISPOSITION OF FUNDS (1) Service of post-judgment orders of attachment or garnishment upon third-party garnishees, such as employers and financial institutions, shall be served as prescribed in Rule 4 or, at the option of the plaintiff, may be directed by the plaintiff to the garnishee by regular first class or certified mail, or may be personally served by any person authorized to serve a subpoena pursuant to Rule 45.03. Expenses shall be recoverable as costs. (2) Upon receiving a post-judgment order of garnishment, the garnishee shall answer within the time required by Rule 12.01, and unless otherwise ordered by the court shall make payments directly to the attorney for the party in whose behalf the order of garnishment was issued. If such party has no attorney of record, as, for example, in the instance of a "small claim," payments by the garnishee shall be made to the clerk of the court. Except for child support arrearages, where wages are garnisheed, the attorney for the party in whose behalf the order of wage garnishment was issued, or the clerk of the court if such party has no attorney of record, shall safely hold the garnisheed funds in escrow for a period of fifteen (15) days from the issuance date of the employer's garnishment check. If the debtor files an objection within that period, the funds shall continue to be held until the court rules upon the objection. If an exemption is asserted and a hearing held, the attorney or clerk of the court shall disburse the garnisheed funds as ordered by the court. If no exemption is asserted the attorney or clerk of the court shall after the fifteen (15) day period disburse the funds to the party in whose behalf the order of garnishment was issued. [Amended by Order 88-4, eff. 1-1-89; adopted eff. 6-1-78] CR 69.03 EXECUTION Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with the Kentucky Revised Statutes. In aid of the judgment or execution, the judgment creditor, or his successor in interest when that interest appears of record, may obtain discovery from any person, including the judgment debtor, in the manner provided in these Rules. [Adopted eff. 6-1-78] |
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