Ky. Rev. Stat. § 425.526

Action by plaintiff against garnishee -- Attachment

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If a garnishee fails to make a disclosure satisfactory to the plaintiff, the latter may bring an action against him, by petition or amended petition, in the same manner, and the proceedings therein shall be the same as in other actions; and the plaintiff may procure an order of attachment in the same manner, and the proceedings thereupon shall be the same, as is hereinbefore and hereinafter authorized concerning attachments--except that the plaintiff's affidavit shall state, in addition to the facts required to be stated in KRS 425.301(3), the sum which the defendant owes to the plaintiff's debtor; and the plaintiff shall not be entitled to attach for or recover more than that sum and costs nor more than the amount of the plaintiff's claim against his debtor and costs. History: Created 1976 Ky. Acts ch. 91, sec. 35.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2010–2021 · leading case: Deal v. First & Farmers National Bank, Inc.

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Deal v. First & Farmers National Bank, Inc. (2017) kyctapp · cites it 5× “KRS 425.526; Wade v. Poma Glass & Specialty Windows, Inc.”

Lichtenstein v. Barbanel (2010) ky “In response to the parties’ various motions, the family court issued orders addressing the terms of the parties’ 1996 Agreed Order and determining the PSC’s liability under KRS 425.526 for the garnishments. As to the agreed order, the family court found that the parties had…”

Inverultra, S.A. v. Wilson (2014) ky “2d 750 (1938) (discussing the need for strict statutory compliance with respect to the similar proceeding against alleged garnishees under KRS 425.526). . This being a CR 81 proceeding, we do not have access to the full record of the trial court, but only to those portions of it…”

Wade v. Poma Glass & Specialty Windows, Inc. (2012) ky “KRS 425.526. . Davidson v. Simmons, 11 Bush 330 , 74 Ky.”

Anyconnect US, LLC v. Williamsburg Place, LLC (2021) kyctapp · cites it 2× “2017), filed an action against a bank under KRS 425.526, arguing she was entitled to recover costs and attorney’s fees under the statute.”

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