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Questions Answered by Timothy Denison
2 Answers | Asked in Contracts for Kentucky on
Q: Can a defendant's attorney feign ignorance to a fact known by them?

I entered into a contract which i believe was breached. Even though I submitted a copy of the contract with the Complaint the defendant's attorney still makes statements like "the purported" contract.

Timothy Denison
Timothy Denison
answered on Dec 27, 2023

No, but simply bc th ou think he is feigning ignorance bc you believe the contract has been breached doesn’t mean it actually has been breached. He’s getting a different story from his client most likely. The language he used is appropriate.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on
Q: What is standard arrangement of custody for two parents in different states with special needs child.

My 2.5 yo has spastic quadriplegic cerebral palsy and autism. I have sole custody with visits at my discretion. Dad hasn’t seen child since 2021 and has called 6 times in over three months. Got served with child support and asked me to have someone adopt him so he could signs rights away and get... View More

Timothy Denison
Timothy Denison
answered on Dec 13, 2023

If you already have sole custody, it is highly unlikely he is going to be able to change that bc the standard of proof is a high threshold. Additionally, if you have been living in your state for more than six months, any custody action should be brought where you and the child reside. You are... View More

1 Answer | Asked in Gov & Administrative Law, Traffic Tickets and Appeals / Appellate Law for Kentucky on
Q: Can a hearing trial deal out a harsher punishment after the judge has carry out her judgment?

I once was told that a friend was offered a deal if he was to plead guilty. He would receive no points in his record after he completed his assigned course. But three-days later, was called in for a hearing and was handed out a 90 days suspension on top of that.

Timothy Denison
Timothy Denison
answered on Dec 13, 2023

What you describe is two fold. Part of the penalties (criminal) are administered and enforced by the Court. Other half of penalties (admin) are administered and enforced by Drivers Licensing. They are separate and distinct but the don’t give you this information when you are going through it.

1 Answer | Asked in Divorce and Family Law for Kentucky on
Q: KY divorce. Judge entered Findings of Fact / property division on November 3. I want to appeal. By when do I need to fil

file the intent to appeal? By Dec 3? Or by 30 days after the final judgement order which will be in January? Looking for a lawyer currently.

Timothy Denison
Timothy Denison
answered on Dec 1, 2023

You have to appeal within thirty days of the date of entry of the order. If it was entered November 3, your notice of appeal would be due December3. December 3 is a Sunday, so by rule you would have until Monday, December 4, within which to file your notice.

1 Answer | Asked in DUI / DWI, Civil Litigation and Civil Rights for Kentucky on
Q: Arrested for DUI, case dismissed, considering lawsuit.

I was arrested for a DUI and detained for 5.5 hours, but my case was dismissed with prejudice. I believe I was falsely accused and I didn't perform poorly on the sobriety tests I took. I have documentation available. I am considering suing and would like advice on how to proceed.

Timothy Denison
Timothy Denison
answered on Mar 28, 2025

You should hire a civil rights lawyer to sue them in federal court for wrongful arrest.

Q: What document to file after bankruptcy discharge to release garnished wages?

I appealed the denial of a motion to vacate a default judgment due to ineffective service of process in the Ohio 10th District Appeals Court. The court had stayed my case pending my Chapter 7 bankruptcy filing, which has now been discharged as of March 13, 2025. I have 20 days to file my brief.... View More

Timothy Denison
Timothy Denison
answered on Mar 28, 2025

File a motion to hold them in contempt for failing to release the garnishment and return the funds, which is- a violation of the automatic stay.

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1 Answer | Asked in Domestic Violence and Family Law for Kentucky on
Q: Can I drop or modify my restraining order and will it affect me negatively if it doesn't work out?

I have a 500-foot restraining order against my husband, but I can't go to where I'm staying due to it. I was initially afraid, but there has been no recent contact between us, only through the kids. The order was modified for counseling, but my lawyer hasn't been responsive. There is... View More

Timothy Denison
Timothy Denison
answered on Mar 28, 2025

You can ask the court to modify the dvo. It should not negatively affect you if it doesn’t work out.

1 Answer | Asked in Landlord - Tenant, Civil Litigation, Consumer Law and Real Estate Law for Kentucky on
Q: Do I need to name an employee defendant for false representation to sue employer?

I was told verbally, in emails, and through the contract that my apartment complex had a non-smoking policy that was strictly enforced. However, I later found out this was not true. This false representation was the sole reason I decided to move into the complex. I sent numerous emails to address... View More

Timothy Denison
Timothy Denison
answered on Mar 27, 2025

You will need to name the employee defendant as well as the employer.

2 Answers | Asked in Bankruptcy, Collections and Real Estate Law for Louisiana on
Q: Received legal documents for sheriff sale; dispute needed as I owe nothing on home.

I owe a person $33,000, and I have been paying him $600 monthly since December 2024 after settling a portion through bankruptcy. Today, I received legal documents regarding a sheriff sale on my home, which I don't owe him anything on. What steps can I take to dispute or prevent the sheriff sale?

Timothy Denison
Timothy Denison
answered on Mar 27, 2025

Go get a complete copy of the file and take it to your lawyer immediately. More information from the file is needed to properly answer this question.

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1 Answer | Asked in Probate and Estate Planning for Kentucky on
Q: Are Kentucky executors required to provide beneficiaries a copy of the will?

As an executor of an estate in Kentucky, am I required to present each beneficiary with a copy of the will? One beneficiary feels she has not been properly informed and recently requested to see the will. The will has been filed for probate, and there are two executors managing the estate.

Timothy Denison
Timothy Denison
answered on Mar 27, 2025

No. You are not required to provide them with a copy. If the will has been filed, they can obtain a copy from probate court.

2 Answers | Asked in Intellectual Property, Libel & Slander and Personal Injury for Kentucky on
Q: Can I portray a famous individual in a fan-made short film without permission?

I want to portray a famous individual in a fan-made fictional short film using public information and articles. I am making up a majority of the film using my imagination for things I couldn’t find and I am not using the individual's name. I do not intend to monetize the film. I have... View More

Timothy Denison
Timothy Denison
answered on Mar 27, 2025

Most likely yes if you do not use their name or attempt to profit from their likeness.

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1 Answer | Asked in Domestic Violence and Employment Law for Kentucky on
Q: Can I sue my employer for not respecting an EPO at work?

I have an Emergency Protective Order (EPO) against someone, and I included my workplace address in the EPO. The individual later began working at the same place. I presented a copy of the EPO to my management and requested a schedule change or more distance from this person, but they refused my... View More

Timothy Denison
Timothy Denison
answered on Mar 27, 2025

No. There are no damages.

1 Answer | Asked in Traffic Tickets and Criminal Law for Kentucky on
Q: Missed traffic court and FTA review, no warrant or summons?

I missed my court date for an expired registration (4 months past the due date) and also missed my FTA review date. I received a notice after the original missed date that mentioned the FTA review but have not received any notice since missing that review, which was last week. My case status online... View More

Timothy Denison
Timothy Denison
answered on Mar 27, 2025

You should redocket the case and resolve asap to avoid an fta or a warrant. Sometimes it takes days before the public Courtnet us updated.

3 Answers | Asked in Bankruptcy, Divorce, Business Law and Family Law for Florida on
Q: Can I be sued for ex-wife's car repossession after she filed bankruptcy?

I received a letter stating that a car is being repossessed. My ex-wife has the car and was supposed to refinance the loan in her name after our mutual agreement during a simple divorce, but she did not do so. We did not sign any formal transfer documents. I contacted the lender explaining that I... View More

Timothy Denison
Timothy Denison
answered on Mar 27, 2025

Yes. You can be sued if you were on the loan. You probably should make a motion in the divorce case to hold her in contempt for not paying for the car and to require her to hold you harmless on said debt.

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2 Answers | Asked in Employment Law and Bankruptcy for North Dakota on
Q: Former employer didn't pay me, and now I receive attorney letters after dismissed bankruptcy.

I filed a complaint with the labor board due to unpaid wages from a former employer who later filed for bankruptcy last year. The bankruptcy case was dismissed, and now I am receiving letters from the employer's attorney detailing lawyer hours worked and compensation owed. What does this mean... View More

Timothy Denison
Timothy Denison
answered on Mar 27, 2025

You are likely getting them because you are a party to the bankruptcy. They most likely don't affect your claim at all.

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1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Kentucky on
Q: Dealership in Kentucky not processing title transfer, affecting insurance claim and causing financial loss.

I purchased a car on February 4, 2025, from Tim Short Auto Group in Lexington, KY. On February 16, 2025, the car was hit while parked and totaled. My insurance company cannot process my claim because the dealership still has not processed the original title from the previous owner to themselves,... View More

Timothy Denison
Timothy Denison
answered on Mar 25, 2025

Yes. You have a case against them. You should hire a lawyer and file suit.

1 Answer | Asked in Health Care Law, Consumer Law, Criminal Law and Insurance Bad Faith for Kentucky on
Q: Issues with driver under influence for medical transport in KY

My medical insurance covers transportation to my doctor every morning through Green Cab in Louisville, Kentucky. On multiple occasions, my assigned driver has attempted to drive under the influence. I have reported this to Green Cab, but the issue persists, causing me to be late or miss... View More

Timothy Denison
Timothy Denison
answered on Mar 25, 2025

Next time you believe he is under the influence, call the police instead.

1 Answer | Asked in Estate Planning and Civil Litigation for Kentucky on
Q: How can I remove a trust protector in KY for dishonesty?

I am the sole beneficiary of my father's trust, along with my children. I've lost trust in the trust protector due to no communication and exclusion from my father's funeral arrangements. He sold items with personal significance without proper notice. Additionally, he has not granted... View More

Timothy Denison
Timothy Denison
answered on Mar 25, 2025

You will need to file suit to remove the Trustee in the Circuit Court of your county of residence.

2 Answers | Asked in Bankruptcy, Child Support and Family Law for Texas on
Q: Can Michigan’s wild card exemption apply in Texas bankruptcy for vehicle debt and other debts?

I am considering filing for bankruptcy in Texas, where I've lived continuously since May 25, 2024, after moving from Michigan. My primary concern is a vehicle loan, with the vehicle valued at approximately $6,000, but the leasing company claims I owe $17,000 to $18,000. In addition, I have... View More

Timothy Denison
Timothy Denison
answered on Mar 25, 2025

No. You will have to use federal or Texas state exemptions. Whichever chapter you file under, the stay will be in place. You need to consult a bankruptcy attorney in deciding which chapter to file.

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1 Answer | Asked in Real Estate Law, Consumer Law and Civil Litigation for Kentucky on
Q: How can we regain property rights with a cell tower lease issue?

I recently purchased a property with a cell tower, and I was unaware of a perpetual lease held by another company. There were no disclosures regarding this lease in our purchase agreement or deed. The company that holds the lease is unlikely to sell their rights back to us. Our lender conducted a... View More

Timothy Denison
Timothy Denison
answered on Mar 24, 2025

If it was not disclosed, you may be able to make a claim against your title policy and/or the seller. If the cell phone company’s right of use is not recorded, you might possibly be able to terminate the lease.

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