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.
KRS 411.080
Wrongful distress or attachment -- Reparation
Applied in 7 court decisions — leading case Montgomery v. Milam (1995)
Most recently applied in Brooks v. Lexington-Fayette Urban County Housing Authority (November 2009)
Effective: October 1, 1942 History: Recodified 1942 Ky
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.