Ky. Rev. Stat. » Chapter 425

Ky. Rev. Stat. § 425.309

Posting of bond by plaintiff -- Posting of bond by defendant -- Exceptions

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to sureties. (1) An order of attachment shall not be issued until a bond has been executed by one (1) or more sufficient sureties of the plaintiff in an amount not less than double the amount of the plaintiff's claim. (2) Should the defendant post a bond, with sufficient sureties, insuring compliance with a final judgment, in an amount equal to the plaintiff's claim, including court costs and attorney's fees as stated in plaintiff's complaint, the attachment shall be dissolved and any proceeds of the attachment received by the plaintiff shall be returned to the defendant. (3) Exceptions to sureties shall be made in accordance with KRS 425.121. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 158, sec. 6, effective July 13, 1984. -- Created 1978 Ky. Acts ch. 399, sec. 3, effective June 17, 1978.

Notes of Decisions
Cited in 5 cases, 2013–2016 · leading case: Premiertox 2.0 v. Miniard
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Premiertox 2.0 v. Miniard (2013) ky · cites it 2× “For example, KRS 425.309 would require PremierTox to execute a bond of not less than double the amount of its claim, a safeguard not available under the methods imposed by the circuit court.”
Handmaker v. Certusbank, N.A. (2016) kywd “§ 425.309”). Plaintiffs claim prejudgment attachment is proper in this case pursuant to KRS § 425.”
Simon M. Vanderpool v. K. Petroleum, Inc. (2015) ky “For example, KRS 425.309 would require PremierTox to execute a bond of not less than double the amount of its 6 The Court of Appeals' reliance on PremierTox was simply misplaced.”
Simon M. Vanderpool v. K. Petroleum, Inc. (2015) ky “For example, KRS 425.309 would require PremierTox to execute a bond of not less than double the amount of its 6 The Court of Appeals' reliance on PremierTox was simply misplaced.”
Taggart Global Operations, LLC v. Elk Horn Coal Co. (2013) kyctapp “In addition, KRS 425.309(1) provides that “[a]n order of attachment shall not be issued until a bond has been executed by one (1) or more sufficient sureties of the plaintiff in an amount not less than double the amount of the plaintiffs claim.”
— Ky. Rev. Stat. § 425.309(1) — 2 cases
Premiertox 2.0 v. Miniard (2013) ky “For example, KRS 425.309 would require PremierTox to execute a bond of not less than double the amount of its claim, a safeguard not available under the methods imposed by the circuit court.”
Taggart Global Operations, LLC v. Elk Horn Coal Co. (2013) kyctapp “In addition, KRS 425.309(1) provides that “[a]n order of attachment shall not be issued until a bond has been executed by one (1) or more sufficient sureties of the plaintiff in an amount not less than double the amount of the plaintiffs claim.”
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