Ky. Rev. Stat. » Chapter 426
Kentucky Revised Statutes

Ky. Rev. Stat. § 426.350 (2026)

Liability of officer for failing to make return in time -- Exceptions

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(1) Any sheriff or like officer, in whose hands a writ of execution is placed, who fails, without reasonable excuse, to return the writ to the office where it was issued within thirty days after the return day, shall, with his sureties or the personal representatives, heirs or devisees of either, be liable jointly and severally to the plaintiff in the execution for the amount of the execution, with thirty percent damages thereon and the costs of recovery. The remedy shall be the same as provided in KRS 426.360.

(2) The provisions of subsection (1) of this section shall not apply to any case in which the collecting officer had, at the commencement of the proceeding, paid the plaintiff the amount of the execution. If he had paid in part, then the thirty percent damages shall only be adjudged against him upon the portion unpaid.

(3) If the defendant in an execution is insolvent, and has no property in the county out of which the execution or any part thereof can be made, the collecting officer shall not be held liable for the amount of the execution for failing to comply with the provisions of subsection (1) of this section, but shall be liable for thirty percent of the amount of the execution. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1716, 1717, 1718.

Notes of Decisions
Cited in 4 cases, 1963–1995 · leading case: McKenzie v. Commonwealth, 373 S.W.2d 595 (Ky. Ct. App. 1963).
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McKenzie v. Commonwealth, 373 S.W.2d 595 (Ky. Ct. App. 1963). · cites it 3× “It is prosecuted under the provisions of KRS 426.350. The execution was issued from the Floyd Circuit Court with the return date of March 1, 1954, and was delivered to appellant McKenzie on January 6, 1954.”
Ohio Cas. Ins. Co. v. Kentucky Nat. Resources & Env't Prot. Cabinet, 722 S.W.2d 290 (Ky. Ct. App. 1986). “Concerning damages, appellant correctly argues that an action for damages brought pursuant to Kentucky Statutes § 1716 (the precursor to KRS 426.350) must allege and prove that appellee was damaged.”
Teegarden v. McKenzie, 444 S.W.2d 892 (Ky. Ct. App. 1969). “Pack, sued McKenzie in the Floyd Circuit Court for McKenzie’s failure as sheriff to properly proceed with the execution, and as prescribed by KRS 426.350. As noted in the earlier opinion, McKenzie was adjudged liable to Hicks.”
Nesler v. Hailey, 898 S.W.2d 536 (Ky. Ct. App. 1995). “Having concluded that Sheriff Morgan failed in his official duty, we must turn to consider whether, as Hailey maintains, Morgan can be held liable under the provisions of KRS 426.350. In relevant part, KRS 426.360 (entitled “Liability of officer for failing to make return in…”
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