How do I go about filing an injunction?

Question

My mother-in-law sold a horse to a lady about 2 years ago. This lady still owes her money, but is planning on selling the horse.

How does she file an injunction (in Kansas) to prevent this woman from selling what is not yet her right to sell?

Answer 1

An injunction is a type of remedy, like asking for damages.

You can't just go to a court and ask for a remedy. The remedy must be in response to some claim -- breach of contract or whatever.

If someone owes you money on a purchase, that sounds like a breach of contract for a sale. That could be a cause of action, and the injunction could be the remedy sought.

But it sounds more like what you'd want is a lien. Not to stop the sale, but to force the lady to pay up if the sale happens. That's also a type of remedy, and can be requested as part of the same claim.

Each state has its own rules for how to file a claim, what forms you need to fill out, etc. If the amount of money is very high, it's worth getting an attorney. If it's a small amount of money, then you might want to check with your local small claims court (also called municipal courts).

Answer 2

might be easier to sue in small claims for the rest of the monies owed then going into civil court and trying to get a injunction to stop the sell of the horse

Answer 3

The lady will still owe the $$ after she sells the horse. Your MIL should take legal action to collect it. Depending on the terms of the sale she may also have the right to take legal action to get the horse back.

Answer 4

Maybe your mother-in-law needs a power of attorney which would prevent her from selling items willy nilly.

You could always go to court and file, but a judge would look unkindly upon you.