A Kentucky judgment record is a legal document that holds the final verdict of a court in a civil proceeding. Typically, Kentucky judgment records consist of the litigants' names, case number, the presiding court and judge, facts of the case, and other related information. These records are regarded as Kentucky court records, and they are accessible through means provided by the state courts.
What is a Judgment?
A judgment in Kentucky is the final order issued by a court in a lawsuit. It is the declaration of the rights and responsibilities of parties involved, based on the evidence presented during the legal proceeding. A judgment also explains the reason for the court's decision.
Judgments entered in Kentucky can be oral or written. However, a judgment must be in writing for it to be executable.
Kentucky Judgment Laws
Kentucky judgment laws guide the issuance and execution of judgments in the state. These laws are outlined under different titles and chapters in the Kentucky Revised Statutes. For instance, Title XXXIX, Chapter 425: Enforcement of Judgments.
What is Judgment Lien?
In Kentucky, a judgment lien is an encumbrance placed on a debtor's property as security for a debt originating from a money judgment. The lien permits the creditor to be paid a certain amount of money from the sale proceeds of the debtor's property. Judgment liens cannot be attached to personal properties in Kentucky, only real estate.
What is a Kentucky Summary Judgment?
A summary judgment in Kentucky is a judgment issued by a state court without a trial. A judgment can be rendered on the motion of a case party when there is no reason for a case to go to trial, and the party (the plaintiff or defendant) is entitled to a judgment in their favor. Usually, it is the plaintiff that requests a summary judgment.
A summary judgment can be released when there are no triable issues or when a claim or defense is insufficient.
What is A Summary Judgment Motion In Kentucky?
A motion for summary judgment is a formal request made to the court by a case party. It asks the court to terminate a lawsuit in their favor without a trial due to undisputed facts.
Summary judgment motion is a tool used by courts to weed out cases that do not need a trial to be resolved because the facts presented to the court are not in challenge. It also allows the court to streamline cases so that a trial is more focused on the areas of an actual dispute.
According to Rule 56 of the Kentucky Civil Rules of Procedure, the plaintiff and defendant can move for a summary judgment. A plaintiff can file the motion after 20 days from the commencement of the action, with or without supporting affidavits. In contrast, a defendant can file the motion at any time.
Kentucky Judgment Record Search
When in need of a Kentucky judgment record, there are various ways to go about the search, including:
- The Public Court Records portal, a site provided by the Kentucky judiciary, offers remote access to non-confidential court records, including judgment records.
- Open record request: The public can request unsealed judgment records in Kentucky per the Open Records Policy. Requests can be sent via email to OpenRecords@kycourts.net.
- Through the court clerks: As the clerks of courts are official custodians of court records, an individual can request judgment records from their offices. The office addresses and contact information of the clerks can be obtained using a search tool on the Kentucky judiciary's website.
- Kentucky Department for Libraries and Archives (KDLA): The KDLA maintains court records above 36 years old, including judgment records. To request records from the KDLA, an individual can email kdla.archives@ky.gov or call _(502) 564-8300_or (800) 928-7000 (toll-free). Instructions on ordering records can also be found on the agency's website.
How Do I Look Up a Judgment In Kentucky?
An individual can look up a judgment record in Kentucky remotely (see above) or in person. For in-person inspections, the party can visit the court where the judgment was issued. The information can be sourced from the clerk of the court's office. The address of each court can be found on the Kentucky judiciary's website.
What Happens if You Have a Judgment Against You in Kentucky?
Persons who have a judgment against them will receive a letter notifying them of the judgment's entry. Although no one is above becoming a judgment debtor, not taking swift action regarding the matter may worsen an already problematic situation - mainly because judgment creditors are authorized to take certain legal measures against unwilling debtors. These may include:
- A judgment lien attached to the debtor's property
- Property and asset seizures. For example, bank accounts
- Wage garnishment
- Suspension of driver's license
How Do I Find Out If I Have Any Judgment Against Me In Kentucky?
If there is a judgment against a party in Kentucky, such a person should receive notification of it by mail. Failing that, the individual can contact the court where the lawsuit was filed for the information. However, the latter only applies when the requester knows of a pending lawsuit.
A better way to find an outstanding judgment in Kentucky is to search online via the Public Court Records portal maintained by the Kentucky judiciary.
How Long Does A Judgment Stay On Your Record?
Judgments are permanent court records that cannot be removed from a person's public court record. This applies regardless of whether the judgment has been satisfied or not. However, if the court seals the case record, only a few authorized entities may access the judgment.
How To Enforce A Judgment In Kentucky
A judgment creditor can enforce a judgment in Kentucky using various legal methods, including a judgment lien, wage garnishment, or bank account levy. However, one component that these methods have in common is that they all require filing and obtaining certain documents from the court.
For example, to place a judgment lien on a debtor's property, the creditor must obtain a certified judgment copy from the court and record it with the county clerk in the county where the debtor has or will have real property. The lien can make it difficult for the judgment debtor to sell or mortgage the property. However, if the lien is not lifted and the property is sold, the proceeds made from the sale will go to the settlement of the judgment first.
On the other hand, to levy a debtor's bank account or garnish wages, the creditor must acquire a writ of garnishment from the court. This document will be given to an employer or bank. A bank that receives this document can freeze the debtor's account(s) and even remove money from the account to repay the debt. Meanwhile, an employer who receives the writ must withhold a portion of the debtor's paycheck and forward it to the creditor.
How To Collect A Judgment In Kentucky
Kentucky's laws provide various avenues for judgment creditors to collect their judgments, including:
- Execution: Per KRS 426.010, creditors can execute upon a debtor's personal property to collect a judgment. This writ can be released by the court ten days after the entry of judgment. This allows the creditor to take and sell the debtor's property to pay off the judgment debt.
- Garnishment (Wage and Non-Wage): KRS 425.506 provides for the garnishment of a debtor's wages. Once the court releases a writ of garnishment and it is served on the debtor's employer, the employer must honor the garnishment order. However, Kentucky exempts the lesser of 25% of the debtor's disposable earnings from garnishment.
- Bank levy: The creditor can request a bank levy from the court. This is used to freeze the debtor's bank account(s) until the debt is repaid.
What Happens if a Defendant Does Not Pay a Judgment in Kentucky
Once a plaintiff wins a civil judgment from a court in Kentucky, the party is entitled to any money or obligation the judgment awarded. If the other side (the judgment debtor or defendant) refuses to comply with the judgment, the plaintiff can take legal action against them. For example, the plaintiff may attach a lien to the debtor's property, garnish their wages, or use other methods outlined above to secure payment or compliance.
What Personal Property Can Be Seized in a Judgment in Kentucky?
Even though a judgment debtor's property can be seized to pay a judgment in Kentucky, some properties are exempt from the execution of judgments. Kentucky laws exempt the following:
- One motor vehicle up to $2,500
- Household furnishings, jewelry, clothing, and ornaments up to $3,000
- Farming tools up to $3,000
- Retirement plans, pensions, and insurance proceeds, etc.
Kentucky Judgment Interest Rate
As stated in KRS 360.040, the annual interest rate on a Kentucky judgment, including a judgment for prejudgment interest, is 6%. On the other hand, the yearly judgment interest rate for unpaid child support is 12%, calculated from when the court entered the judgment.
What is a Default Judgment?
A default judgment is a judgment entered by the court in favor of a plaintiff because a defendant failed to respond or plead. However, if a defendant has a good reason for their default, the judgment can be set aside by the court.
How to File a Motion To Set Aside Default Judgment in Kentucky
Default judgments are typically issued in Kentucky when a defendant does not respond to the summons of a lawsuit or appear at a hearing. Fortunately, the Kentucky laws allow for default judgments to be set aside.
A motion to set aside a default judgment can be filed with the court. However, a defendant must present a reasonable excuse for the court to recall the judgment.
File Motion To Vacate Judgment in Kentucky
Vacating a judgment in Kentucky also means setting it aside. A judgment can be vacated upon the request of any of the parties to a case. This request is known as a motion to vacate a judgment. There are grounds upon which this motion must be filed in Kentucky, which are specified in Rule 60.02 of the Kentucky Rules of Civil Procedure.
- Mistake, inadvertence, surprise, or excusable neglect. If a defendant did not receive a summons, the motion could be filed under surprise. Excusable neglect can be the defendant being unable to appear before the court due to sickness.
- New evidence which could not have been found in time to move for a new trial under Rule 59.02.
- The opposing party falsified evidence.
- The judgment has been voided, satisfied, released, or discharge
- Fraud
How To Remove An Abstract Of Judgment In Kentucky
An "abstract of judgment" is the summary of a judgment used to create a lien against a judgment debtor's property as security for a judgment debt. In Kentucky, an abstract of judgment can be removed from a judgment debtor's property when the debtor pays the judgment creditor what is owed in full.
How Long Is a Judgment Good For In Kentucky
A judgment is good for 15 years in Kentucky. After 15 years, the judgment expires if it is not renewed.
Kentucky Judgment Statute of Limitations Law
Kentucky sets deadlines by which lawsuits and other civil actions must be filed in the state. The state refers to these periods as the "statutes of limitations."
Kentucky's judgment statute of limitations law is outlined under KRS 413.090. According to this law, judgments entered in the state courts have a lifespan of 15 years, but this time could be extended if the judgment is revived.
