(1) For constable’s failure, upon proper demand, to pay over money collected by him, the plaintiff shall recover the amount collected by the officer, and interest from the time of demand, and ten percent (10%) damages thereon, and the costs of his motion or action.
(2) In such action or motion a receipt given by the constable to the person placing the claim or demand in his hands shall be presumptive evidence, after one hundred and twenty (120) days from its date, that such demand has been collected.

Terms Used In Kentucky Statutes 70.420

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Plaintiff: The person who files the complaint in a civil lawsuit.

Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. secs. 429, 432, 434.