KRS 372.040: Suit by third person where loser or creditor does not sue.

If the loser or his creditor does not, within six (6) months after its payment or delivery to

the winner, sue for the money or thing lost, and prosecute the suit to recovery with due

diligence, any other person may sue the winner, and recover treble the value of the money

or thing lost, if suit is brought within five (5) years from the delivery or payment.