Thank you for your question. PLease permit me to assist you with your concerns.What you need to do is go to court ASAP and file a request for an 'injunction', or a stay for the auction until the hearing is held. Since the truck is a material and significant part of the cause of action, you can ask the courts to delay his ability to sell until the subject matter pertaining to your suit is decided. Otherwise, as there is no injunction or block is in place, he is still free to pursue a sale if he is claiming you fell behind in.Good luck.
Robert,Thank you for your follow-up. You posted:I called the clerks office in Bath co Ky . no one there knows anything about any paperwork I can fill out to order a injunction. where can I find such paperwork ? -----------Have the clerk look to rule 65 in the Kentucky Rules of Civil Procedure. Stop by the local law library, speak to the librarian, and obtain a template from them for a formal injunction petition. Here is the law that governs:http://kybar.org/247CR 65 Injunctions
ive lookedcaround and called the library. no one has a clue what I need, is there a website that may have a template ? or what would the actual wording of the template be called?
Robert,Thank yoru for your follow-up. I do apologize for the delay, I was offline for a week due to planed time off. Please allow me to assist you further.I am a bit confused here--a formal petition requesting an injunction until the hearing is held should be available as a template with your law library. This is not a rare or an uncommon petition, and all courts grant injunctions (when warranted).Good luck.
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