Ky. Rev. Stat. » Chapter 426

Ky. Rev. Stat. § 426.381

Proceedings for discovery and satisfaction of judgment

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(1) After an execution of fieri facias, directed to the county in which the judgment was rendered, or to the county of the defendant's residence, is returned by the proper officer, either as to the whole or part thereof, in substance, no property found to satisfy the same, the plaintiff in the execution may by an amended and supplemental petition filed in the action have the same redocketed and join with the execution defendant or defendants any person believed to be indebted to him or them, or to hold money or other property in which he or they have an interest, or to hold evidences or securities for the same. Upon the filing of such amended petition the case shall be transferred to the equity docket and summons issued thereon. In such supplemental proceeding or in a separate suit in equity against such parties (at his option) the plaintiff may have discovery and disclosure from the judgment creditor and his debtor or bailee, and may have any property discovered, or a sufficiency thereof, subjected to the satisfaction of the judgment. (2) In such action the plaintiff may have an attachment against the property of the defendant in the execution, pursuant to the attachment procedures provided for in KRS Chapter 425. History: Amended 1976 Ky. Acts ch. 91, sec. 39. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. secs. 439, 441. -- C.C. sec. 439 amended and reenacted 1942 Ky. Acts ch. 100, sec. 1,

Notes of Decisions
Cited in 9 cases, 1967–2019 · leading case: Inverultra, S.A. v. Wilson
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Inverultra, S.A. v. Wilson (2014) ky · cites it 12× “010, it had the circuit clerk issue to the sheriff of Warren County a writ of execution against the property of judgment debtor ZIP Búfalo.”
Wade v. Poma Glass & Specialty Windows, Inc. (2012) ky · cites it 15× “27 Section 439 of the Civil Code was replaced by KRS 426.381, which reads: (1) After an execution of \fieri facias ], directed to the county in which the judgment was rendered, or to the county of the defendant’s residence, is returned by the proper officer, either as to the…”
South Bay Enterprises, Inc. v. Mirada Bay Petroleum, Inc. (1997) kyctapp · cites it 4× “13-300 is the corporate equivalent to KRS 426.381. As pointed out by Al-Yazdi, *290 KRS 426.”
Manchester Insurance & Indemnity Co. v. Grundy (1975) kyctapphigh · cites it 2× “This pleading was based on KRS 426.381, the "garnishment statute," which provides as recited in the opinion that after the return of an execution by the proper *498 officer, showing that no property was found to satisfy the execution, the execution plaintiff "may by an amended…”
Shelby Petroleum Corp. v. Croucher (1991) kyctapp “…order. The complainant denied that Shelby Petroleum had ever done business as Bonus Distributing Company. . KRS 426.381.”
Wenk v. Ruby (1967) kyctapp “This is not a discovery proceeding brought under CR69, or an action in aid of an execution, authorized by KRS 426.381.”
Jack Irwin v. Douglas O'Bryan, Jr. (2019) ca6 · cites it 8× “The court further held that since petitions under KRS § 426.381, garnishment proceedings, and the filing of judgment liens are all methods of enforcing a judgment under Kentucky law, they are all executions that toll the statute of limitations for actions on judgments.”
Universal C. I. T. Credit Corp. v. Bell High Coal Corp. (1970) kyctapp “After an execution was returned no property found Universal filed an amended complaint pursuant to KRS 426.381 joining other parties as defendants.”
State Farm Mutual Automobile Insurance Co. v. Marcum (1967) kyctapphigh · cites it 6× “The appellant argues that the action was brought under the garnishment statute, KRS 426.381, and that Marcum had no right to proceed under that statute.”
— Ky. Rev. Stat. § 426.381(1) — 1 case
Jack Irwin v. Douglas O'Bryan, Jr. (2019) ca6 “The court further held that since petitions under KRS § 426.381, garnishment proceedings, and the filing of judgment liens are all methods of enforcing a judgment under Kentucky law, they are all executions that toll the statute of limitations for actions on judgments.”
— Ky. Rev. Stat. § 426.381(2) — 3 cases
Wade v. Poma Glass & Specialty Windows, Inc. (2012) ky “27 Section 439 of the Civil Code was replaced by KRS 426.381, which reads: (1) After an execution of \fieri facias ], directed to the county in which the judgment was rendered, or to the county of the defendant’s residence, is returned by the proper officer, either as to the…”
Inverultra, S.A. v. Wilson (2014) ky “010, it had the circuit clerk issue to the sheriff of Warren County a writ of execution against the property of judgment debtor ZIP Búfalo.”
Jack Irwin v. Douglas O'Bryan, Jr. (2019) ca6 “The court further held that since petitions under KRS § 426.381, garnishment proceedings, and the filing of judgment liens are all methods of enforcing a judgment under Kentucky law, they are all executions that toll the statute of limitations for actions on judgments.”
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