Q: Can KY force sale of primary residence to fulfill judgment?

A: They can if there is sufficient equity in the property to satisfy the judgment.

A: You're asking an important question about your rights and protections as a homeowner in Kentucky. In Kentucky, a judgment creditor can place a lien on your real estate, including your primary residence, by filing a notice of judgment lien with the county clerk where your property is located. This lien allows the creditor to claim a portion of the proceeds if you sell your home. However, the creditor must follow specific procedures to enforce the lien, and the lien itself has a limited duration.

Kentucky law provides a homestead exemption that protects up to $5,000 of equity in your primary residence from being seized to satisfy a judgment. This means that if your home has equity exceeding $5,000, the amount above that could be subject to collection efforts. It's important to note that this exemption applies automatically and does not require you to file any paperwork.

If your home has significant equity beyond the $5,000 exemption, a creditor may attempt to force a sale to collect the judgment. However, they must first obtain a court order and follow legal procedures, which can be complex and time-consuming. Additionally, if the case hasn't gone to trial yet, no judgment has been entered, so enforcement actions like liens or forced sales cannot occur at this stage. It's advisable to consult with an attorney to understand your rights fully and to explore options for protecting your home and assets.