AKA Notice of Execution
The document must have the following:
- Name of the person or entity bringing the action (KRS 426.720 & 382.440)
- Name of the person or entity the judgment is against (KRS 426.720 & 382.440)
- Amount of judgment, including principal, interest rate, court costs and attorney fees (KRS 426.720)
- Court of record entering the judgment (KRS 426.720)
- Civil Action number of the case (KRS 426.720)
- The judgment must include the language of KRS 427.060 and KRS 426.720, section 3 (see below)
- Preparation Statement (KRS 382.335)
The clerk shall request a return mail address (KRS 382.240)
The document must be: signed by the judgment creditor or his attorney. The signature does not need to be notarized.
Required wording from KRS 426.720 as follows: “Notice to Judgment Debtor. You may be entitled to an exemption under KRS 427.060, reprinted below. If you believe you are entitled to assert an exemption, seek legal advice.”
KRS 427.060 reads as follows:
In addition to any exemption of personal property, an individual debtor’s aggregate interest, not to exceed $5,000 in value, in real or personal property that such debtor or a dependent of such debtor uses as a permanent residence in this state, or in a burial plot for such debtor or a dependent of such debtor is exempt from sale under execution, attachment or judgment, except to foreclose a mortgage given by the owner of a homestead or for purchase money due thereon. This exemption shall not apply if the debt or liability existed prior to the purchase of the property or the erection of the improvements thereon.
Indexing information: The document is filed in the encumbrance book and indexed in the encumbrance indexes under the name of the judgment debtor per KRS 426.720. The first party is the person the judgment is against. The second party is the person or entity bringing the action.
Boyd County Clerk
Boyd County Courthouse
2800 Louisa St.
Catlettsburg, Ky. 41129
Phone: (606) 739-5116
Email: [email protected]
Cedar Knoll Mall
Phone: (606) 929-9595
335 16th Street
Ashland, Ky. 41101
Phone: (606) 325-3547