Have Legal Questions? Ask a Lawyer Now.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).