Agister Lien
AKA (Also Know As) Materialman’s Lien

The following lists of liens are recorded as mechanics liens:
• Attorney’s Liens
• Agister’s liens (liens on horses, cattle, livery stable)
• Veterinary Liens
• Liens on Motor Vehicle Repairs and Storage
• Motor Vehicle for Storage and Towing
• Lien for work and supplies on equipment, machinery and motors

These are filed when payment for building repair, storage or services has not been made. These are filed per KRS376.010, KRS376.080.

The document requires:

• The name & address of the claimant (person asserting the lien)
• The name & address of the contractor, subcontractor, or authorized agent and the property owner (the person(s) the lien is asserted against)
• The lien is filed against the owner of the property and their name must be listed
• Description of property has to be specific enough to identify the property
• The lien must state the amount due and whether the services were performed by a contract with the owner or with contractor or subcontractor
• Preparation Statement
The person claiming the lien or someone on his behalf must sign the lien. Their signature must be notarized and the notary format must be subscribed and sworn to in order for the lien to be valid.
The clerk shall request a return mail address.

Filing Fee:

$46.00
Pages exceeding 5 pages will cost $3.00 per page.

Assessments & Enforcement Liens – City and County

The statutes address various city assessments that may constitute a lien if filed and recorded. These liens include improvement assessments, sewer & sanitation assessments, general assistance receipts, and code enforcement, public improvements & ordinance-related liens. Many of the statutes are based on the class of city.

Filing Fee:

$46.00
Pages exceeding 5 pages will cost $3.00 per page.

Child Support Liens – In State

A lien filed in favor of the Cabinet for Families and Children against all real & personal property of the obligor. This lien is to be filed as Lis Pendens and only in the real estate records of the county clerk’s office.
The document is filed in the county where the obligor lives.

The document requires:

• The entity asserting the lien
• The person or persons upon whom interest in the property the lien is being filed against (obligor)
• The document must state the action number and the court in which the action is pending
• A Preparation Statement
The clerk shall request a return mail address.
Document must be: signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.

Filing Fee:

$5.00

Child Support Liens – Out of State

A lien to enforce a child support obligation, which is created in another state, shall be enforceable against all real & personal property of the obligor located in this state. This lien is to be filed as a Lis Pendens and only in the real estate records of the county clerk’s office in the county or counties where property of obligor exists.

The document requires:

• The person or entity asserting the lien(the person or entity much have the authority to file the lien)
• The authority’s signature must be certified (acknowledged or notarized)
• The person or persons upon whom interest in the property the lien is being filed against (obligor)
• The document must state the action number and the court in which the action is pending
• A Preparation Statement
The clerk shall request a return mail address.
Document must be: signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.

Filing Fee:

$46.00
Pages exceeding 5 pages will cost $3.00 per page.

Federal Tax Lien

AKA (Also Know As)IRS liens, AKA (Also Know As) U.S liens

The IRS prepares these documents. The liens are filed against the taxpayer per KRS382.480.

Documents must be: signed by the appropriate IRS agent. They do not require notarization.

Filing Fee:

$46.00

Pages exceeding 5 pages will cost $3.00 per page

Judgment Liens

AKA (Also Know As) Notice of Execution

The document requires:

• Name of the person or entity bringing the action
• Name of the person or entity the Judgment is against
• Amount of Judgment, including principal, interest rate, court cost and attorney fees
• Court of record entering the judgment
• Civil action number of the case
• The judgment must include the language of KRS427.060 & KRS426.720, section 3
• Preparation Statement (If document is prepared by a court it may not have a Preparation Statement.)
The clerk shall request a return mail address.
The document must be signed by the judgment creditor or his/her attorney. The signature does not need to be notarized.

Filing Fee:

$46.00
Pages exceeding 5 pages will cost $3.00 per page.

Lis Pendens

Lis pendens mean pending suit. The notice of lis pendens is filed on the public record for the purpose of warning all persons that the title to certain property is in litigation& that they are in danger of being bound by adverse Judgment.

The document requires:

• The name of the person(s) or entity that has interest in the land the lien is being filed against
• The name of the person or entity bringing the action
• A legal description of the land involved
• The document must state the action number and the court in which the action is pending
• A Preparation Statement (if court prepared may not have a Preparation Statement)
The clerk shall request a return mail address.
The document must be signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.

Filing Fee:

$46.00

Pages exceeding 5 will cost $3.00 per page

Lis Pendens Concerning Bankruptcy

Any county clerk shall receive for record and record any certified or attested copy of any matter in reference to bankruptcy which any Act of Congress of the United States may provide for as being necessary to be filed in the county wherein lands of a bankrupt are situated in order to be notice of said bankruptcy.

The document requires:

• The name of the person involved in bankruptcy proceeding
• The trustee in bankruptcy or receiver
• A legal description of the land involved IF there is land involved
• The document must state the bankruptcy case number in which the action is pending
• A Preparation Statement (if court prepared may not have a Preparation Statement)
The clerk shall request a return mail address.
The document must be signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.

Filing Fee:

$46.00

Pages exceeding 5 will cost $3.00 per page

Medicaid Program Lien

This lien filed by the Commonwealth against all property of any provider or recipient who is found to have defrauded the Medicaid program. The notice of the lien is to be recorded like a lis pendens. The statute allows for partial releases as well as full releases of this lien. The Commonwealth would be the legal entity to record the lien or to release the lien. The recording and release fees associated with this document would be the same as a state tax lien.

The document requires:

• The person or entity (Commonwealth of Kentucky) asserting the lien
• The person, persons, or entity upon who the lien is being filed against
• A legal description of the land involved if available
• A Preparation Statement (Most liens prepared by Commonwealth of Kentucky do not have a Preparation Statement)
The clerk shall request a return mail address.
The document must be signed by the person or entity asserting the lien or their attorney or agent. The signature does not need to be notarized.

Filing Fee:

$5.00

Penal Code Offenses Lien

Any convicted person owing fines, court cost, restitution, or reimbursement before or after his/her release from incarceration shall be subject to a lien upon his interest, present or future, in any real property.
The real property lien shall be filed in the circuit clerk’s office of the county in which the person was convicted and shall also be filed by the Commonwealth in any county in which the convicted person is known to own property or reside.

The lien must be foreclosed upon in the manner prescribed in KRSChapter 426 and shall remain valid until satisfied. The lien shall constitute a charge against the estate of any decedent owing moneys under this chapter.
The attorney for the Commonwealth, and not the crime victim shall prepare & file lien documents for moneys to be restored to the crime victim.
The manner of fling, recording, and releasing the lien shall be consistent with the provisions of KRSChapter 376.

Filing Fee:

The attorney for the Commonwealth shall pay to the county clerk five dollars which shall be assessed as court cost for the filing of any lien upon real estate.
$5.00

State Lottery Corporation Lien

Whenever any person who receives proceeds from the sale of lottery tickets in the capacity of a lottery retailer becomes insolvent, or dies insolvent, the proceeds due the corporation from such person or his/her estate shall have preference over all debts or demands.
The lien shall be of equal rank with the tax liens of the state, or any city, county, or other taxing authority within the state.
The lien must be recorded by the Lottery corporation with the county clerk of any county or counties in which the retailer’s business or residence is located, or in any county in which the retailer has an interest in property.
The lien will be against the retailer. The recording of the lien shall constitute notice of both original obligation to the corporation and all subsequent obligations to the corporation of the same retailer.
The lien will be prepared as a state tax lien.

Filing Fee:

$5.00

State Tax Lien

Types of state tax liens are:
• State Tax lien(Revenue Cabinet)
• Recoupment lien (Workforce Development Cabinet)
• Unemployment Insurance
• Workers Compensation
• Inheritance Tax lien
• Notice of Seizure and Tax lien

The document requires:

• First party – the person or entity asserting the lien
• Second party – the person, persons or entity upon who the lien is being filed against
• The document must state the action number and the court in which the action is pending
• A Preparation Statement
The clerk shall request a return mail address.

Filing Fee:

$5.00
Pages exceeding 3 pages will cost $3.00 per page.

Unemployment Lien

An Unemployment Lien on a parity with state, county and municipal ad valorem tax liens. It is superior to the line of any mortgage or other encumbrance heretofore or hereafter created is hereby created in favor of the cabinet upon all property of any subject employer from whom contributions, interest or penalties are or may hereafter become due. The lien shall attach to all interest in property, either real or personal, then owned or subsequently by the person against whom the assessment is made.
The cabinet may file notice of the lien with the county clerk office of any county or counties in which the subject employer’s business or residence is located, or in any county in which the subject employer has interest in property and such notice shall be recorded in the same manner as notices of lis pendens are and the file shall be designated “miscellaneous state tax liens.” Such recordation shall constitute notice of both the original assessment and all subsequent assessments of liability against the same subject employer.

Filing Fee:

$5.00

Wage & Hour Lien

A lien may be placed on all property, both real & personal, of an employer who has been assessed civil penalties by the commissioner for violations of the statutes on wage & hours. The lien shall be attached to all property & rights to property owned or subsequently by the employer.

The document requires:

• The commissioner of the Labor Department (or his/her designee) shall record the lien
• The lien shall show the date on which the notice of violation was issued
• The date of violation
• The name & last known address of the employer against whom the assessment was made
• The amount of unpaid wages, penalties, & interest
The lien shall be superior to the lien of any mortgage or encumbrance thereafter created & shall continue for ten (10) years from the time of the recording, unless sooner released or otherwise discharged.
Lien to be filed in the following offices:
• The lien shall be filed in any of the following offices in which the employer owns property or rights to property
• The office of the county clerk of the county in which the defendant employer resides
• The office of the county clerk of the county in which the defendant employer has it principal place of business
• The office of the county clerk of the county in which the defendant employer has property or an interest in property

Filing Fees:

None – All filing fees have been waived by statute KRS337.075(2).

Workers Compensation Lien

The Labor & Human Rights Commissioners shall record a certificate prepared& furnished him/her by the general counsel.

It will include:
• The date on which such claim was filed
• The date of the injury alleged
• The name & last known address of the employer against whom it was filed
• The fact that the employer has not secured the payment of compensation as required

Filing Fee:

$5.00