Ky. Rev. Stat. » Chapter 411

Ky. Rev. Stat. § 411.080

Wrongful distress or attachment -- Reparation

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

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1959–2025 · leading case: Montgomery v. Milam
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Montgomery v. Milam (1995) ky · cites it 2× “The trial court correctly determined that there is no support for a claim of "wrongful attachment" pursuant to KRS 411.080. Appellants have maintained that the current action "sought consolidation" with the prior foreclosure actions.”
Kentucky Farm Bureau Mutual Insurance Co. v. Burton (1996) kyctapp · cites it 3× “*388 KRS 411.080 delineates a cause of action for 'wrongful garnishment.”
Riley v. West Kentucky Production Credit Ass'n (1980) kyctapp “220(3) and KRS 411.080 each specifically provides for recovery of attorney fees in language that is susceptible of but one interpretation.”
City Lumber Co. v. Barrett (1959) kyctapp · cites it 2× “This type of action is authorized by KRS 411.080. Appellant defendants’ principal contention is that they were entitled to a directed verdict.”
Blankenship v. Staton (1961) kyctapphigh “) In applying the rule that before a party has a cause of action for malicious prosecution the lawsuit or proceeding must terminate in his favor, it is necessary to determine what suit or proceeding is involved. Plaintiff says that because he eventually recovered judgment on the…”
Brooks v. Lexington-Fayette Urban County Housing Authority (2009) kyctapp “In addition, pursuant to KRS 411.080, reasonable attorney’s fees are recoverable in a wrongful garnishment action.”
Duo-Therm Division, Motor Wheel Corp. v. Sheergrain, Inc. (1973) kyctapp “KRS 411.080. Duo-Therm appeals from a judgment eventually entered pursuant to a verdict awarding Sheer-grain $35,000 on the counterclaim.”
Wilson v. Midland Credit Management, Inc. (2025) kywd · cites it 3× “13) In this action, Wilson alleges that MCM improperly attempted to collect on the state-court judgment by garnishing his wages.”
Savannah Wilson v. Augusta Home Sales, Inc. (2025) kyctapp “KRS 411.080 provides that if property is distrained or attached without good cause, the owner may recover damages for the wrongful seizure.”
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