Kentucky Revised Statutes

Ky. Rev. Stat. § 418.005 (2026)

Judgment may be obtained on motion

✓ current as of May 2026

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A judgment may be obtained, on motion, by a surety against his principal or cosurety for money paid; by a client against his attorney for money collected or property received; by a party or officer against a surety for costs; and by a party against an officer for money collected or property received, and for the damages which such party is entitled to recover; and in all other cases specially authorized by statute; and the service of the notice shall be regarded as the commencement of the proceeding. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 444.

Notes of Decisions

Cited in 5 cases, 1957–1991 · leading case: Martin v. Kentucky Oak Mining Co., 429 S.W.2d 395 (Ky. Ct. App. 1968).

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Martin v. Kentucky Oak Mining Co., 429 S.W.2d 395 (Ky. Ct. App. 1968). · cites it 2× “In my opinion the court should dismiss this action without reaching the merits because the parties have failed to show that there exists between them an actual controversy which will give right to a proceeding under KRS 418.005, etc., the Declaratory Judgments Act.”

Prudential Resources Corp. v. Plunkett, 583 S.W.2d 97 (Ky. Ct. App. 1979). “Prudential Resources Corporation sought a judgment pursuant to KRS 418.005 et seq. declaring that it had not lost the right to exercise an option to purchase an oil and gas leasehold held by Mack K.”

Byerly v. Ashley, 825 S.W.2d 286 (Ky. Ct. App. 1991). “The appellant apparently believed KRS 418.005 was applicable. The motion was treated as a complaint or petition, and summons was served on the ap-pellee, who later filed a “response” addressing the merits of the appellant’s claim.”

Howard v. Sanson, 375 S.W.2d 828 (Ky. Ct. App. 1963). “In passing, we express the opinion that KRS 418.005 was not intended to apply to a situation such as here presented.”

Perfection Hardwood Flooring Co. v. Bowling, 300 S.W.2d 550 (Ky. Ct. App. 1957). “On May 7, 1954, appellant filed a motion against Bowling, Warren, and McKinley Asher, pursuant to KRS 418.005 et seq., and KRS 422.220. It was alleged that Asher bound himself on a bond executed by Bowling and Warren, the judgment was unsatisfied, and the bond had been lost or…”

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