In an action involving the property of a party before the court by constructive service alone, the court shall adjudicate the rights of the parties in the judgment and shall retain control over and preserve, for one year after the entry of the judgment, any property of which the constructively summoned party has been deprived thereby, or the proceeds thereof, unless prior to the expiration of that period the successful party executes a bond in a penal sum fixed by the court at not less than the fair market value of such property, with surety approved by the court. The condition of the bond shall be that if the constructively summoned party institutes a proceeding to obtain relief from the judgment within one year after its entry, the principal will comply with any new judgment concerning such property entered in such proceeding. If a bond is executed, or in the absence of a bond if no such proceeding is brought within the one-year period, the property or its proceeds shall be disposed of in accordance with the judgment. If the original action involves persons having distinct interests, the bond may be executed for each according to his interest.
Rule 4.11.Court control of property -- Bond.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRequires a Kentucky court that adjudicates property rights against a constructively served party to keep control of that property or its proceeds for one year after judgment, unless the winning party posts a court-approved bond covering its fair market value.
Full Text of Rule 4.11
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Some cases involving a constructively served defendant turn on property — land, funds, or other assets the judgment affects. Because that defendant never received personal notice, Rule 4.11 builds in a waiting period. After adjudicating the parties' rights in the judgment, the court must retain control over and preserve the property, or its proceeds, for one year after entry of judgment.
The winning party can shorten that wait by executing a bond, in a penal sum the court sets at not less than the property's fair market value, backed by court-approved surety. The bond is conditioned on the principal complying with any new judgment if the constructively summoned party institutes a proceeding for relief within the one-year period. Once a bond is executed — or once the year passes with no such proceeding filed — the property or its proceeds are disposed of according to the judgment. Where the original action involves parties with distinct interests, the bond may be executed separately for each, based on that party's share.
Frequently Asked Questions
How long must a Kentucky court hold property after a judgment against a party served only by warning order?
One year after entry of judgment, unless the successful party executes a bond before that period expires.
Can the winning party get the property released before the year is up?
Yes, by executing a bond in a penal sum fixed by the court at not less than the property's fair market value, with surety the court approves.
What happens if the constructively summoned party never comes back to challenge the judgment?
If no proceeding for relief is brought within the one-year period, the property or its proceeds are disposed of in accordance with the judgment, the same as if a bond had been executed.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 4.11). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: how long does a court hold property after a default judgment in Kentuckybond to release property after a warning order judgmentone year rule for property judgments KentuckyCR 4.11 Kentuckyprotecting an absent defendant’s property after judgment