Howard v. Miller

GANT, Justice.

The United States District Court for the Western District of Kentucky, Hon. Charles M. Allen, Chief Judge, has certified the following question of law to this court, pursuant to CR 76.37(1):

*549When a judgment debtor wishes to assert an exemption to execution and levy, may he file a motion under CR 60.02, or must he file a completely separate and distinct new action, or is there any other legal process or statute by which he may obtain a prompt hearing?

Kentucky has not faced this issue since the demise of our former Civil Code of Practice on July 1, 1953, and its replacement by the…