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Creditors Rights Law

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How Can A Creditor Get An Attachment (Pre-Judgment) In Kentucky?

Pre­judgment attachment may be obtained in Kentucky against property of the defendant, including garnishees, as security for the satisfaction of any judgment that may ultimately be awarded. Generally, the grounds required relate to the fraudulent removal or disposal of property that would otherwise be available for satisfaction of any judgment ultimately rendered. Motions for attachment must be supported by a rather specific affidavit and require the posting of a bond (with corporate surety) with sufficient sureties for not less than twice the value of the plaintiff’s claim. Although attachment can be obtained without notice to the defendant, it is normally done with notice and the defendant has seven days to request a hearing.