64.470 Remedy for distress for illegal fee-bill.

253 words·~1 min read·/ky/chapter-64/64-470

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

(1)If distraint is made upon the property of a person for a fee-bill that has any unjust or

improper charge or item therein, or any item not made out in every respect

agreeably to the requirements of law, the person may apply to the officer making the

distraint for an exact copy of the fee-bill, and the officer shall make out and deliver

the same to such person forthwith.

(2)Upon receipt of such copy, the person on whom the distraint is made may present it

to the circuit judge of the county of his residence, and if, on inspection thereof, the

judge is of the opinion that the fee-bill contains any unjust item, or item not made

out in every respect according to the requirements of law, he shall, by written

indorsement thereon, order the officer to stay proceedings under the distraint until

the matter is determined in court.

(3)Upon the receipt of the order, the officer who made the distraint shall obey it,

restore the property distrained to the owner, and return the fee-bill and copy with

the judge's order thereon to the circuit clerk's office of his county, with the facts of

the case indorsed on the fee-bill.

(4)The officer who issued the fee-bill shall be notified as directed in subsection

(5)of

KRS 64.460.

(5)The court shall quash the fee-bill, and render judgment against the officer issuing

the same for the amounts and in the manner stated in KRS 64.460, and execution

may issue therefor.