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Questions Answered by Timothy Denison
1 Answer | Asked in Contracts for Kentucky on
Q: I financed a car. Through a bank with a car lot I was arrested. The car lot reposed the car before the 1st payment

Was even due. Is that legal. I thought the bank paid them. Consider I was going to be paying a bank out of state not the car lot

Timothy Denison
Timothy Denison
answered on Nov 5, 2022

If the loan was consummated prior to the repo, it may have been a wrongful repo. If the loan transaction had not been completed, it is most likely not a wrongful repo.

2 Answers | Asked in Bankruptcy for Washington on
Q: Over 100k in debt

I allowed my cousin to use my 9k credit card back home overseas to assist him with starting a business. He agreed to pay it back in a timely manner so I agreed to it. Few months later I received many return check fees on my credit card which maxed it out to over 55k on my credit card balance which... View More

Timothy Denison
Timothy Denison
answered on Nov 4, 2022

Your entire financial situation needs to be evaluated before you file bankruptcy but score you do that, why don’t you report the activity as fraudulent and see if the bank or lending agency will refund or void all those charges as fraudulent. You may only be liable for the first $50 if it is... View More

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1 Answer | Asked in Estate Planning for Kentucky on
Q: We have lived with my mom for 16 years and took care of her. She passed away and now my brother says we need to get out

We need time to get a place to go. Is 6 months too long

Timothy Denison
Timothy Denison
answered on Nov 2, 2022

You’ll either have to reach an arrangement with the estate to stay in the house and rent/buy it or you’ll have to move out. Many factors can’t impact it, but 30-60 days is usually the time given to move if no agreement is reached.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If a house is demolished after a person is charged with burglary 2nd degree & TBUT can it be dropped to criminal trespas
Timothy Denison
Timothy Denison
answered on Nov 1, 2022

The subsequent demolishing of the house after burglary is not a basis to have the charge amended from burglary to criminal trespass. It could theoretically be amended, yes, but you would need a valid basis.

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.... View 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... View 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.

1 Answer | Asked in Federal Crimes, Social Security and Public Benefits for Kentucky on
Q: Is it legal in Ky for someone who has Medicaid and SSI but in a nursing home to sell property and a home.

Her daughter as her POA deeded everything to herself and sold it. Her mom just passed. We've reported the numerous times to local DCBS and nothing ever comes of it. It seems her daughter has friends in the DCBS who help her and ignore the complaints. I think it's wrong when so many people... View More

Timothy Denison
Timothy Denison
answered on Nov 1, 2022

The facts as you have set them out would seem to indicate it is not legal. Medicaid or SS are the only ones who might possibly be obligated to investigate. A decision would then be based on the findings of their investigation as to whether a crime has been committed.

1 Answer | Asked in Traffic Tickets for Kentucky on
Q: I got a ticket for not driving insured. With getting insurance, will it be dismissed?

I got my first ticket and I didn't have proof of insurance on the car but I bought it within 5 days later. Will I still have to pay the fine?

Timothy Denison
Timothy Denison
answered on Oct 28, 2022

Yes. You will still have to pay the fine and court costs. Probably a $50 fine snd court costs.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Kentucky on
Q: Selling deceased mom's house. 4 siblings are going to divide what we get out of it. Do we have to pay taxes on it. In Ky

4 siblings, oldest has control over estate.

Timothy Denison
Timothy Denison
answered on Oct 27, 2022

Depends on the value of the house but most likely the answer is no tax due.

1 Answer | Asked in Criminal Law for Kentucky on
Q: I'm on felony divers. 2 for 2 probation, failed drug test, sent to resid. treatment, left for funeral came back drugs

were found in my belongings, which I openly admitted to the possibility of, they kicked me out, now I'm supposed to report to my probation officer, what is going to happen?

Timothy Denison
Timothy Denison
answered on Oct 21, 2022

Any number of thing. You could be removed and probated. You could be removed, sentenced and sentenced to the penitentiary. You could be sent to an IOP facility. You could be sent to an in patient facility. Best advice is to hire the best criminal defense attorney and get them started on it.

1 Answer | Asked in Child Support, Divorce and Domestic Violence for Kentucky on
Q: Which age the child can be removed to child support
Timothy Denison
Timothy Denison
answered on Apr 30, 2024

What is your question?

1 Answer | Asked in Family Law and Adoption for Kentucky on
Q: If I file a out of control warrant on my adopted child will they take my other adopted kids out of the house.

He is adopted and is really disrespectful to adults calling us stupid and telling us to shut the f up. I'm Afraid if I file a warrant on him they will take my other adopted children.

Timothy Denison
Timothy Denison
answered on Apr 29, 2024

No. Not unless you file petitions on them as well.

1 Answer | Asked in Traffic Tickets for Kentucky on
Q: i got a ticket (3rd) within 2 yrs in kentucky, this one the sheriff said i was doing 85 in a 55,

i was coming home from missouri from seeing my kids, i was tired and starting to drift off to sleep. i was less than 10 miles from my house, it was 1 AM, just wanted to get home before i did fall asleep at the wheel.

understand it was still dangerous to drive that fast, but ticket states... View More

Timothy Denison
Timothy Denison
answered on Apr 23, 2024

Probably no jail nor license loss. Hire a good lawyer to resolve for you.

1 Answer | Asked in Adoption and Family Law for Kentucky on
Q: If I have a relative adoption plan started and both me and the baby test positive will they take baby from them

I've had problems with cps 3 different times and never been able to keep the kids but this time I made a adoption plan with my aunt and uncle. Will the baby be took from them

Timothy Denison
Timothy Denison
answered on Apr 20, 2024

Most likely, yes.

1 Answer | Asked in Business Law and Contracts for Kentucky on
Q: Does a rental that is rented with 1 year expired tags void the contract?

I was hit in a rental with no tags now rental company is claiming damages that didn't exist when I had the vehicle.

Timothy Denison
Timothy Denison
answered on Apr 19, 2024

No, but the tags are the responsibility of the rental company.

3 Answers | Asked in Bankruptcy for Kentucky on
Q: I filed bankruptcy 2 days ago and want to stop the process. Can this be done. I live in Kentucky.
Timothy Denison
Timothy Denison
answered on Apr 19, 2024

Yes. Simply file a motion to dismiss the case.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Child Custody and Constitutional Law for Kentucky on
Q: Is DCBS required to notify me of a substantiated case finding against me?

I have just been informed by a potential employer that my name is on the Child Abuse Registry, apparently due to a substantiated DCBS case filed against me 5 years ago for Abandonment & Supervision Neglect. DCBS never notified me of this substantiation and never attempted to remove my child... View More

Timothy Denison
Timothy Denison
answered on Apr 18, 2024

Yes. They are required to notice you.

1 Answer | Asked in Traffic Tickets for Kentucky on
Q: How do I go about getting a traffic misdemeanor dimissed after a guilty plea due to it affecting my career.

How do I go about getting a traffic misdemeanor dimissed after a guilty plea due to it affecting my career as a lyft. I made a guilty plea a year ago and now the case is redocked

Timothy Denison
Timothy Denison
answered on Apr 18, 2024

You will have to petition the court in which you pled to set it aside and dm it.

1 Answer | Asked in Traffic Tickets for Kentucky on
Q: I'm trying to redocket a speeding ticket from 6 months ago and have another one due next week. Could get locked up?
Timothy Denison
Timothy Denison
answered on Apr 18, 2024

Depends on whether there is already a warrant on the ticket you’re trying to redocket.

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