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Kentucky Civil Litigation Questions & Answers
1 Answer | Asked in Personal Injury and Civil Litigation for Kentucky on
Q: I was wondering, can someone sue a party, even if they put themselves in a situation where injury could occur?

I was watching some videos and was curious if person A could sue person B even if person A put themselves in a situation that they knew could possibly put them at risk of injury.

Tim Akpinar
Tim Akpinar
answered on Nov 20, 2022

A Kentucky attorney could advise best, but your question remains open for two weeks. It sounds like you are talking about the legal defense known as "assumption of risk." It depends on the particular circumstances. On cases where the defense is raised, the conditions can be fact-specific. Good luck

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Kentucky on
Q: Can a trailer be sold over half the marketing value ?

The trailer is valued at $11,000 and it is being sold for $20,000. $4,000 has done been paid towards the $20,000 but just now discovering the property only values at $11,000 can I get the price reduced is this even legal?

Timothy Denison
Timothy Denison
answered on Nov 7, 2022

It is legal and you don’t have to buy the trailer at all.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: MOTORCYCLES WERE DETAILED AND STORED AT MY BUSINESS AND I WAS NEVER PAID STORAGE. STATE OF KY. WHAT ARE MY OPTIONS ?

I DETAILED BIKES AND STORED THEM UNTIL THEY WERE SOLD AND NEVER RECEIVED PAYMENT. NOW THAT I AM DEMANDING PAYMENT HE WANTS TO REMOVE HIS OTHER BIKES FROM MY SHOP THAT HAVE BEEN HERE 7MONTHS

Timothy Denison
Timothy Denison
answered on Nov 4, 2022

You have a mechanics lien for payment on all bikes stored with you and you do not have to release them to the owner until you are paid in full.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: In KY can a Circuit Court Clerk’s surety bond issuer be sued for her negligence in filing a case?

On 12/27/21 I sent an administrative appeal with an in forma pauperis (IFP) to the Franklin Circuit Court. The filing deadline was 1/10/22. The clerk received and signed for the filing on 1/3/22. Per CR. 5.05 any filing accompanied by an IFP is to be considered filed when it received by the clerk.... Read more »

Timothy Denison
Timothy Denison
answered on Nov 1, 2022

You might want to consider asking the Franklin circuit court to reinstate the case given the facts above. It seems clear your appeal would have been timely filed but for the clerical delay. The tiles provide for the court to consider such requests and act on them.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: Kentucky Civil Court. On appeal from district court after remand does case get a different case number?

On appeal from the Laurel District Court my friend's lawyer erroneously filed a writ of mandamus under the circuit appeal case no. The circuit court remanded it back to district which affirmed its first order. He filed another notice and statement of appeal, but it has not been given a case... Read more »

Timothy Denison
Timothy Denison
answered on Nov 1, 2022

A case is given one case number at each level of court it reaches (District, Circuit, KCA, KSC). That number never changes no matter how many times the case is in (or back in) that court.

2 Answers | Asked in Contracts, Civil Litigation and Collections for Kentucky on
Q: I need help getting $10,000 back from a contractor who is not showing up and is ghosting me.

The fence guy did 4 days of work over the last 2 months. Has not responded to calls or texts the last week. Has his house, tractor, truck and other items now listed for sale. His tractor is sitting on my property. What are my options to get my money back?

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 7, 2022

You should see an attorney first thing Monday morning; a lawsuit may be your only avenue.

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1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for Kentucky on
Q: If I saw someone breaking into my car, would I be legally liable for shooting them with a non-lethal paintball gun?

Hello, my neighborhood has had an issue with car theft. The previous tenant in my home had his car stolen, the perpetrator was caught on camera, and the police never pursued the offense. This has happened several more times in my neighborhood since I've lived here, and the police never do... Read more »

Timothy Denison
Timothy Denison
answered on Oct 7, 2022

Most likely not as long as it is non deadly force.

1 Answer | Asked in Business Formation and Civil Litigation for Kentucky on
Q: I inquired about my potential case and the paralegal said she'd give my information to the attorneys and she'll call me

I call again because i haven't heard back and I had additional information to give and again she said she'd call me. This 8-24-2022

Timothy Denison
Timothy Denison
answered on Sep 16, 2022

Call and schedule an in person appointment with your lawyer to discuss the case and get an update.

1 Answer | Asked in Bankruptcy and Civil Litigation for Kentucky on
Q: My brother sold his restaurant owes me half of the money hes claiming to want to file bankruptcy to avoid paying me ?

He has a clerk job he makes about $1400 clear a month after taxes He has also defaulted in a civil lawsuit

Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Aug 29, 2022

Your brother seems to qualify for filing bankruptcy. He makes very little income. There may be a problem for him in that if he sold the restaurant, there should be maybe money left over or money to be accounted for. There is also a requirement to keep records. He could make a gross income of... Read more »

1 Answer | Asked in Civil Litigation for Kentucky on
Q: Bought "she shed" from lady. Have receipt stating paid, & shed is paid for,not financed.It was repoed. What can I do

I bought a "she shed" from girl. Got receipt stating I paid her & she didn't owe on it. Just found out She's filed bankruptcy, finance co came and repoed it. She says she don't have my money to return to me. Paid $6000 cash for it. What can/should I do? Ty

Timothy Denison
Timothy Denison
answered on Aug 17, 2022

Hire a bankruptcy lawyer to represent you snd file an adversarial proceeding against her for defrauding you.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: What can/should I do? Bought sheshed off marketplace, paid seller in full. She msg today, said shed repoed by finance co

What can/should I do? Bought shed off marketplace, paid seller in full. She msg today, said it shed was repoed. Refuses to give My $6000 back. When I purchased it, seller wrote out a bill of sale, stating I paid her cash in full plus she didn't owe on building and it wasn't financed. Come... Read more »

Timothy Denison
Timothy Denison
answered on Aug 17, 2022

You’ll need a bankruptcy lawyer to help you file an adversary proceeding against her for fraud within her bankruptcy case so as to prove your claim.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Domestic Violence for Kentucky on
Q: Can I file harrassment charges after 2 epos we're filed on me , both dissmissed for lack of evidence ?

The petitioner and I were never in a relationship. In court

he accused me of being the reason he nearly lost custody of his son, and for him being kicked out of his residence claiming I got his girlfriend to kick him out . It wasn't until after the first case that I found out his ex... Read more »

Timothy Denison
Timothy Denison
answered on Jul 30, 2022

You can file a complaint for harassment at your local county attorneys office in the county in which you reside.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: What does a letter mean from the district court says “It is hereby ordered that the motion for judgment is hereby

Remanded from the courts docket for lack of service”?

Timothy Denison
Timothy Denison
answered on Jul 26, 2022

It means the case is taken off the docket bc the party being sued has not been served with the summons and complaint or petition.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: In selling a house in Kentucky is it required to have all parties on the deed sign when the house is sold?

In my divorce the home was to be occupied by him, but he was to have the home refinanced and I was to get a percentage of the equity, however he did not refinance, the home was in foreclosure but he has sold it, but my name is still on the deed, so can he sell this home without me signing off on it?

Timothy Denison
Timothy Denison
answered on Jul 22, 2022

No. He cannot. Make a motion to hold him in contempt in the divorce case.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: My mother received custody of my kids 3 yrs ago but she passed away. Can I receive food stamps for my kids?

I live/lived with them the entire time and still do. She also received food stamps and Medicaid on them.

Timothy Denison
Timothy Denison
answered on Jul 16, 2022

No.

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Kentucky on
Q: CPS took my kids 3 years ago and my mom received custody of them. Can I receive food stamps and Medicaid for them?

I lived with them the entire time and took care of them and still live with them. My mom passed away recently.

Timothy Denison
Timothy Denison
answered on Jul 16, 2022

You need to file a motion for return of the children first. Until you do, you will not be eligible to draw for them.

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Kentucky on
Q: If there is no DNA, no audio or video no witnesses to a crime of fleeing and eluding and officers have conflicting

Statements. how can they charge me with the crime. The person whom the police say ran Into woods was described as a black male wearing a gray hoody . I'm white male and i was arrested 2 years later for the charges.

Timothy Denison
Timothy Denison
answered on Jun 27, 2022

Hire the best criminal defense attorney you can and see about getting it dismissed.

1 Answer | Asked in Criminal Law, Family Law and Civil Litigation for Kentucky on
Q: Can a petitioner continue to call, communicate and even ask a respondent to see them?

The person I know has a DVO against them by a family member yet that person continues to call them and expects them to see them; yet the respondent could face criminal charges because of the family members accusations. Should the respondent report all the contact?

Timothy Denison
Timothy Denison
answered on Jun 11, 2022

No. The petitioner should refrain from all contact snd report same to the authorities.

1 Answer | Asked in Civil Litigation and Contracts for Kentucky on
Q: How long do you have after buying a house to go after the seller for non disclouser of a problem?

We bought a house almost 2 years ago, when we looked at it there was a corrugated pipe sticking out on the hill in the back yard. We asked what it was and they said a french drain. Fast forward we have found that the hill next to us slid so that dug that hill and part of ours and ran corrugated... Read more »

Timothy Denison
Timothy Denison
answered on Jun 1, 2022

You’ll need an expert to assess the situation snd to estimate repairs. The time starts to run when you learned of or should have learned of the defect.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: Do I have a lawsuit when I get drug tested and a man does it and I he still watches after the test is over

He made me feel some kind of way my name is Carla thompson and I'm at carlat52@gmail.com

Timothy Denison
Timothy Denison
answered on Apr 27, 2022

You may very well have a civil rights case.

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