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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I filed a small claim suit against a auto dealer on a truck

Customer Question

I filed a small claim suit against a auto dealer on a truck the repossessed. I am suing for breach of contract and fraud. orally and written we agreed I had 6 months to pay the debt off, I paid him $8500 and still owe $3500. I didn't dispute that. he took my truck saying I was behind on payments and had no insurance in which I can prove in court it was in fact insured and I had been paying him as agreed, so after he took my truck and coubled the payoff amount to get it back, I refused to pay, so I filed small claims so a judge can look at the case and decide if he had legal right to take the truck. he was served on the 17th by the sherriff with a court date of august 6th, but he mailed me a certified letter today saying he is having a auction on the 31st of this month. 6 days before our court hearing, how can I stop him from selling it ? does he have the legal right ? is there a motion or a higher court I should move this to ?
Submitted: 3 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 3 years ago.

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.

Expert:  Dimitry K., Esq. replied 3 years ago.

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/247

CR 65 Injunctions

CR 65.01 Injunctive Relief
A party may obtain injunctive relief in the circui
t court by (a) restraining order, (b) temporary
injunction, or (c) permanent injunction in a final
judgment. A restraining order shall only restrict
the doing of an act. An injunction may restrict or
mandatorily direct the doing of an act. Injunctive
relief shall not be granted in any action in the dist
rict court except as specifically authorized by
statute.
HISTORY: Amended eff. 3-1-78; prior amendm
ents eff. 1-1-78, 6-1-
60; adopted eff. 7-1-53
Customer: replied 3 years ago.


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?

Expert:  Dimitry K., Esq. replied 3 years ago.

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.