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Questions Answered by Timothy Denison

1 Answer | Asked in Child Custody for Kentucky on

Q: How do I change a court order from Ohio to Kentucky where I live. I have sole custody of my daughter

I was awarded full sole custody November 2015 because mom was arrested for drug charges and child endangerment. The court order is from Ohio because that was the state that mom resided in and the state she was arrested in. Now she is violating the court order. The court order says visitations... Read more »

Timothy Denison answered on May 26, 2019

You get a copy of your Ohio court order certified according to the Acts of Congress (Ohio clerk will help you get this), then bring it to the circuit clerk in the county in which you reside in Kentucky, fill out a registration form and pay the filing fee.

1 Answer | Asked in Child Custody for Kentucky on

Q: I need to know what form or If i can write it myself for change in custody agreement in Nelson County Ky.

I am a father and my child's mother only lets me get him 1 day a week and not let me have him on weekends like are original court order. I need to know what form or if I can write a paper myself to get in front of the judge. Have contacted the clerks office they said there is no papers they have... Read more »

Timothy Denison answered on May 24, 2019

You can write and file your own motion asking for what you want. You have to notice it for the courts motion hour and time, send a copy to your ex or his or her lawyer and file it with the court.

1 Answer | Asked in Bankruptcy, Consumer Law and Contracts for Virginia on

Q: Car was repoed and sold. No presale notice was sent to me only the deficiency balance. Do I gave any recourse?

The car was purchased in California but repoed in Virginia where I had moved to a few months earlier. It was charged off before being repoed

Timothy Denison answered on May 24, 2019

You may have recourse against the seller if you can prove they did not comply with the notice provisions of the statute.

1 Answer | Asked in Bankruptcy for Minnesota on

Q: I filed for bankruptcy and discharged in 2015, I'm told I can't get a equity loan because I'm not liable for the house?

Live in MN after the bankruptcy my house note was sold to another bank, I'm current with payments but is not being reported to the credit bureau beside not getting a home equity loan what else can I expect?

Timothy Denison answered on May 24, 2019

You need to send them a copy of the reaffirmation agreement so you can establish ownership and then get an equity loan.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on

Q: In the state of Kentucky, it is illegal to possess firearms with an EPO out against you?

Timothy Denison answered on May 24, 2019

If you have been served with that epo, yes.

2 Answers | Asked in Bankruptcy for South Dakota on

Q: how does my fiancé go about filing for bankruptcy while in prison?

Timothy Denison answered on May 24, 2019

He first needs to check and see if the bankruptcy court where he lives will allow him to do that and allow him to appear by interrogatory. If yes, he can prepare and file it. If not, he’s stuck til he is released from prison.

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3 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Virginia on

Q: Car was repoed and sold. No presale notice was sent to me only the deficiency balance

The car was purchased in California but repoed in Virginia where I had moved to a few months earlier. It was charged off before being repoed

Timothy Denison answered on May 23, 2019

If you didn’t receive notice, you may have recourse again the lender.

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1 Answer | Asked in Bankruptcy for Florida on

Q: Is my annuity I received as a Florida resident still protected from BK, now that I’m a MT resident but having to use FL.

I was a Resident of Florida when I received a annuity 10 years ago. I now moved to Montana and am a Montana resident but have not been here two years. I am filing bankruptcy and have to use for the Florida laws. I knew my annuity was protected in Florida when I was there but is it still protected... Read more »

Timothy Denison answered on May 23, 2019

It should still be protected by the exemptions, but you need to consult a bankruptcy lawyer to examine all the angles.

3 Answers | Asked in Bankruptcy for Virginia on

Q: Can a creditor come for you and garnish wages from 10+ years ago that hasnt shown on crefit report for some time?

No notification was received however recently received court summons of garnishment with date of Sept and garnishment was started last week.

Timothy Denison answered on May 23, 2019

Yes, unless the debt has been satisfied or discharged.

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1 Answer | Asked in Child Support for Kentucky on

Q: My son is in jail he's 18 do I still have to pay child support

Timothy Denison answered on May 22, 2019

No.

1 Answer | Asked in Bankruptcy for Ohio on

Q: I was granted Chapter 7 in 2010. How do I get released from the mortgage if it keeps being transferred?

I am still paying insurance, water and sewer bills because the property is still in my name.

Timothy Denison answered on May 22, 2019

Depends on whether you are still living in the subject property.

3 Answers | Asked in Bankruptcy, Contracts, Collections and Small Claims for Tennessee on

Q: What can i do if Advance financial has sent an account to a law firm who isn’t budging on a settlement offer?

Missed a few payments and then it was written off in 8/2018. About 1-2 weeks later a settlement payment was made for about 1/4 of what was written off. They won’t talk to me and won’t take nor negotiate any payments and will only refer me to the law firm. The law firm is corresponding by email... Read more »

Timothy Denison answered on May 24, 2019

Hire a lawyer to negotiate it to you. Start transferring your property into someone else’s name.

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1 Answer | Asked in Bankruptcy and Consumer Law for Florida on

Q: How do I get Midland Funding to drop a lawsuit for a Walmart credit card debt against my elderly aunt?

She was served with a summons to appear for a court date. Her and my uncle live on social security only, have no assets but a 2002 Dodge they use to go back and forth to the store. She called Midland Funding to tell them this and they insisted that she will still have to go to court, but to avoid... Read more »

Timothy Denison answered on May 22, 2019

Hire a local debtor creditor lawyer to handle for her. Depending on the amount of the debt, they can probably resolve it for 25-50% of the face value of the debt.

2 Answers | Asked in Bankruptcy for California on

Q: Can a judgement ordered for omitted assets from a divorce from over 9 years ago also now be put into a new bankruptcy?

The judgement was just rendered, the ex-husband is telling the ex-wife even with the judgement all he is going to do is file for a bankruptcy so he never has to pay what he originally hide from her to begin with, the judgment amount is roughly $375,000?

Timothy Denison answered on May 21, 2019

No. That judgment is probably not dischargeable bc (1) it is a domestic support obligation, and (2) if he concealed assets from you or the court, that is fraud, which is alsonon-dischargeable.

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2 Answers | Asked in Bankruptcy for Kentucky on

Q: I own two vehicles. One is paid for i have loan on the other which my mom cosigned for. Can i keep then both chap 7 n KY

Timothy Denison answered on May 21, 2019

Depends on the value of the vehicles and the amount of equity in them. It is possible you can keep both, yes.

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1 Answer | Asked in Family Law and Child Custody for Kentucky on

Q: If he had a court order and was paying it weekly no missed payments can they still freeze our accounts?

I faxed the child support office proof my bank statement (savings) showing where he had not contributed any money to the account and they just dismissed me! How else can I go about getting my money back is there a form I can fill out?

Timothy Denison answered on May 21, 2019

Yes, they can.

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Kentucky on

Q: How can I get a Lawer to Help me file a lawsuit on a police officer in our town.

Everyone is Scared of Him. He got fired from the Sheriffs Station. and Now works for the City

Timothy Denison answered on May 21, 2019

Check with your local bar association. They keep a list of local attorneys available to help.

1 Answer | Asked in Traffic Tickets for Kentucky on

Q: Do u have to go to court for expired driver's license if u have renewed them before the date on the ticket?

Timothy Denison answered on May 21, 2019

Check with your local district court clerk. Some will let you present proof to the clerk without having to go to court.

1 Answer | Asked in Family Law and Child Support for Kentucky on

Q: Spouse owed 1600.00 in back C/S he had a court order to pay weekly he paid never missed can they freeze bank accounts?

He was paying every week on time never missed, per court order and with electronic withdrawal they took all money they said to get it paid off quicker can they do that???

Timothy Denison answered on May 21, 2019

Yes.

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