367.387 Remedies for borrower -- Time limitation.

184 words·~1 min read·/ky/chapter-367/367-387

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Any borrower who suffers a loss of money or property as a result of a violation of

KRS 367.381 may bring an action against the loan broker, its principals, employees,

or agents, and against the surety bond, or trust account, if any, of the loan broker.

The action shall be brought in the county in which the solicitation was made, and

recovery shall not exceed an amount equal to three

(3)times his actual damages.

The court may award to the prevailing party, in addition to the relief provided in this

section, reasonable attorney's fees and costs.

(2)A permanent injunction, judgment, or order of the court obtained by the Attorney

General pursuant to KRS 367.385 shall be prima facie evidence in an action brought

under this section that the defendant used or employed a method, act, or practice

declared unlawful by KRS 367.381.

(3)A person bringing an action under this section shall bring the action within one

year after any action brought by the Attorney General has been terminated, or two

(2)years after the violation occurred, whichever is later.