If property is distrained or attached without good cause the owner may, in an action against the party suing out the distress or attachment, recover damages for the wrongful seizure. If the property is sold he may also recover damages for the sale, and the defendant‘s costs in the distress or attachment, including reasonable attorney‘s fees. The plaintiff shall not be required to allege or prove malice on the part of the defendant under this section.
Effective: October 1, 1942

Terms Used In Kentucky Statutes 411.080

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney: means attorney-at-law. See Kentucky Statutes 446.010
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
  • Plaintiff: The person who files the complaint in a civil lawsuit.

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 7.

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