Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
(1) When the sheriff or other officer makes a return on an execution that the estate levied on, or any part thereof, remains in his hands unsold, a writ authorizing and commanding the sheriff to sell the property may issue.
(2) The writ shall be in substance as follows: “The Commonwealth of Kentucky, to the sheriff of __________ County, greeting: We command you that you expose to sale the estate of A B to the value of $ _____, which, according to our command, you have taken into your hands, and which remains in your hands unsold, as you have certified to our __________ court, to satisfy C D, the sum of $ _____, whereof in our said court he had recovered execution against the said A B, by virtue of a judgment in the said court, and that you have, and so forth.”
(3) Like proceedings shall be had on the writ as might and should have been had on the first execution. An officer may, at any time after the return day while the original execution is in his hands, sell any property taken in virtue thereof, provided the levy was made before the return day.
Cite this article: FindLaw.com - Kentucky Revised Statutes Title XXXIX. Provisional Remedies, Enforcement of Judgments, and Exemptions § 426.440.Property levied on but unsold; writ authorizing and commanding sale; form of; proceedings - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-xxxix-provisional-remedies-enforcement-of-judgments-and-exemptions/ky-rev-st-sect-426-440/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)