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eBook details

• Title: Commonwealth of Kentucky v. Thacker
• Author : Court Of Appeals Of Kentucky
• Release Date : January 13, 1964
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

The issue in this case is whether a creditor, in order to obtain a deficiency judgment against a debtor, is required to prove that the debtor was served with notice to appoint an appraiser as required by law prior to judicial sale, notwithstanding the debtors actual notice of the executory proceedings. The trial court rendered a summary deficiency judgment against the debtor, concluding that legal notice is not required when the debtor has actual notice of the proceedings. The Court of Appeal reversed, holding that the creditor, in order to obtain a deficiency judgment, must prove that the debtor received statutory notice to name an appraiser, as well as formal service of process and notice of seizure. We affirm the court of appeal judgment because its result is correct. The creditor, in order to obtain a deficiency judgment, is required to prove that prior to the sale the property was appraised in accordance with law. Consequently, the creditor must show that the debtor received the statutorily prescribed notice to appoint an appraiser to value the property. Proof of other statutory notices, such as notice of seizure, is not required. Proof of the debtors actual notice of the proceedings does not satisfy the statutory requirement.

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