Ky. Rev. Stat. » Chapter 383
Kentucky Revised Statutes

Ky. Rev. Stat. § 383.020 (2026)

Property subject to distress or attachment for rent -- Damages for illegal

✓ current as of May 2026
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distraint, attachment, or wrongful removal.

(1) A distress warrant or attachment for rent shall bind, and may be levied upon, any personal property of the original tenant found in the county, and the personal property of the assignee or undertenant found on the leased premises. If the tenant has removed his property to another county, the distress or attachment may be directed to that county.

(2) If property is distrained for any rent not due, or attached for any rent not due or accruing, or taken under any attachment sued out without good cause, the owner of the property may, in an action against the party suing out the warrant of distress or the attachment, recover double damages for the wrongful seizure, and if the property is sold, for double the value thereof.

(3) Any person who wrongfully takes or removes property distrained or attached for rent, from any person having the legal custody of it, shall be liable to the person aggrieved for treble damages, with costs. If the property distrained, after the wrongful taking or removal, comes to the possession of the owner by his wrongful procurement, he shall in like manner be liable to the person aggrieved. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2307, 2312, 2313.

Notes of Decisions
Cited in 2 cases, 1959–2013 · leading case: Chiquelin v. Linker, 323 S.W.2d 583 (Ky. Ct. App. 1959).
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Chiquelin v. Linker, 323 S.W.2d 583 (Ky. Ct. App. 1959). “010(1) prbceeded to recover his rent by distress and, under the authority of KRS 383.020(1) and 383.040, a distress warrant was issued and the mortgaged business equipment on the premises was dis-trained.”
Taggart Global Operations, LLC v. Elk Horn Coal Co., 415 S.W.3d 665 (Ky. Ct. App. 2013). “Count I of Elk Horn’s Complaint is styled “Claim and Motion for Attachment of Rent (KRS 383.020, 383.030, and 383.070)” and states: Plaintiff believes and avers that unless a Writ of Attachment and Distress Warrant is issued for the property including fixtures and improvements,…”
— Ky. Rev. Stat. § 383.020(1) — 1 case
Chiquelin v. Linker, 323 S.W.2d 583 (Ky. Ct. App. 1959). “010(1) prbceeded to recover his rent by distress and, under the authority of KRS 383.020(1) and 383.040, a distress warrant was issued and the mortgaged business equipment on the premises was dis-trained.”
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