Encumbrances
Judgment Lien
The document requires:
• Name of the person or entity bringing the action (KRS 426.720 & 382.440)
• The mailing address of the lienholder (KRS 382.430)
• 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).
• The judgment creditor or his counsel shall certify on the notice of judgment lien that a copy of the judgment lien has been mailed to the judgment debtor in compliance with subsection (3) KRS 426.720.
• 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.’
