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Kentucky Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Kentucky on
Q: How long can probation last for contempt in Kentucky civil case?

In 2020, I was found in contempt of court in a civil case in Kentucky for violating a judgment rule stating that I should have no direct or indirect contact with the plaintiffs. I spoke to a surveyor who asked me a question about our property, which led to the contempt charge. Now, the plaintiffs... View More

Timothy Denison
Timothy Denison
answered on Apr 7, 2025

Probation can last up to two years. You are entitled to a hearing on the contempt both to see if you violated the order and if you did, what is the appropriate sentence.

1 Answer | Asked in Construction Law, Criminal Law, Civil Litigation and Real Estate Law for Kentucky on
Q: Can I be charged with theft by deception after paying a contractor?

I hired a contractor without a written contract, and after he failed to follow instructions and took trees from my property, I decided not to proceed with further work. I informed him via text that I would deduct damages and the value of the trees from the payment. Despite offering to meet and... View More

Timothy Denison
Timothy Denison
answered on Apr 7, 2025

No. You cannot be charged. It is a civil matter.

1 Answer | Asked in Civil Litigation, Contracts and Personal Injury for Kentucky on
Q: Dispute impound fees for unauthorized use of my truck in Kentucky

I was in jail when my brother used my truck without permission and it was impounded. He placed his license plate on my truck, and as a result, the police put a hold on it. My brother never contacted the officer as required, and it took two weeks to get my truck released. Now, I'm facing fees... View More

Timothy Denison
Timothy Denison
answered on Apr 2, 2025

Ask the county attorney to get an order from the judge waiving your payment of impound fees and adding them to the restitution in the case where they are prosecuting your brother.

0 Answers | Asked in Workers' Compensation, Civil Litigation and Personal Injury for Kentucky on
Q: How to enforce a California WCAB award in Kentucky?

I received a Finding and Award from a California Workers' Compensation Appeals Board judge, which was issued in my favor while my employer was based in California. My employer has since relocated to Kentucky, where I am now trying to have the award recognized and enforced. I have sent a... View More

2 Answers | 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.

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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.

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.

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.

1 Answer | Asked in Civil Litigation, Probate and Family Law for Kentucky on
Q: Can I sue for $30,000 after in-laws distributed husband's belongings without consent?

My husband of 25 years passed away last November without a will, and there was no executor of the estate nor power of attorney. I filed a petition with the district court in Kentucky, and it was granted by a district judge, notifying my in-laws by mail. Despite this, my in-laws are not responding... View More

Timothy Denison
Timothy Denison
answered on Mar 22, 2025

You can sue for the value of your loss up to $30,000, and that you can prove.

1 Answer | Asked in Business Law, Contracts and Civil Litigation for Kentucky on
Q: Primary on car loan with wife, seeking advice on refinancing or transferring financial responsibility.

I'm the primary borrower on a car loan shared with my wife. Although we've verbally agreed she would help with partial payments, she's not been able to contribute, and I'm currently making all payments. She says that she needs more time, but I'm worried about repossession... View More

Timothy Denison
Timothy Denison
answered on Mar 19, 2025

You can continue paying the car loan or you can get her to agree to refinance in her name and get you off the note. If that fails, sell the car and pay off the car note with the sale proceeds.

1 Answer | Asked in Contracts and Civil Litigation for Kentucky on
Q: Can they legally force me to sell the couches back?

I bought couches from a family friend for $2,500 with a verbal agreement to pay $1,000 upfront and $100 monthly until paid in full. I've paid all except $100, with receipts provided for proof. There were no terms about wanting the couches back. Now they want to buy them back and are... View More

Timothy Denison
Timothy Denison
answered on Mar 13, 2025

No. They cannot. Pay the last $100 you owe them and cease further gommunication.

Q: Can husband get early release from weekend jail despite agreement?

My husband has been sentenced to serve 53 days in county jail on weekends in Crittenden County, Kentucky. He has been diagnosed with mental health issues since 2019, and his condition is declining. His attorney requested house arrest or some modification due to his mental health, but the court... View More

Timothy Denison
Timothy Denison
answered on Mar 7, 2025

It is unlikely but you could certainly file a new motion based on the new evidence you have. An appeal would likely be fruitless bc he will have served out long before it is ever heard.

1 Answer | Asked in Landlord - Tenant and Civil Litigation for Kentucky on
Q: What can my daughter do if her landlord in Kentucky changed the locks and won't let her retrieve her belongings?

I am seeking advice because my daughter's landlord changed the locks on her rental home due to being a month late on rent, and won't let her retrieve her belongings. The landlord initially said she would have until Saturday to collect her things, but now claims to be getting rid of them... View More

Timothy Denison
Timothy Denison
answered on Mar 6, 2025

She will probably have to sue him for wrongful detainer and the value of her property if it has been damaged, destroyed or disposed of. Self help remedies like these used by this landlord invariably land the landlord in hot water.

1 Answer | Asked in Real Estate Law, Contracts and Civil Litigation for Kentucky on
Q: Can I sue Clayton Homes for home order discrepancies and incurred expenses?

I purchased a home from Clayton Homes, and our bathroom was not the correct layout as ordered. The salesman admitted to the mistake, and I have documentation confirming this. Since September 2024, I've spent approximately $1,000 on supplies and over $1,200 on storage, as half of the home is... View More

Timothy Denison
Timothy Denison
answered on Mar 4, 2025

Yes. You can.

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Legal Malpractice for Kentucky on
Q: Opposing counsel signed for my attorney without proof: How to address?

I am concerned about a situation where opposing counsel drafted, notarized a final order and signed it for my attorney without apparent proof of permission or communication with my attorney. The judge signed this order within an hour of filing. Although there was a supposed verbal agreement, there... View More

Timothy Denison
Timothy Denison
answered on Mar 5, 2025

Find out whether your lawyer gave permission. If he or she did, no issue. If he or she did not, then file a motion with the Court and make them aware the order was signed without permission.

1 Answer | Asked in Employment Law and Civil Litigation for Kentucky on
Q: What can I do to regain access to my phone from my parents?

I recently turned 18 and am completely financially dependent on my parents. My father bought me a phone about four years ago, has always paid the bill, and explicitly gave it to me. Shortly before my 18th birthday, my parents suspended my phone and continue to keep it from me, refusing to discuss... View More

Timothy Denison
Timothy Denison
answered on Mar 5, 2025

Not really, no, especially since you are dependent upon them for housing and transportation. Might be better to make peace and retrieve phone rather than start a war over it.

1 Answer | Asked in Probate, Civil Litigation and Gov & Administrative Law for Kentucky on
Q: How can I claim inheritance and address unauthorized transactions from my brother's Limestone Bank account in Kentucky as a non-resident?

I am a resident of Turkey and recently lost my brother, who lived in the United States. He has left behind money in an account with Limestone Bank. I am the next of kin, but I am not familiar with the process of claiming inheritance as a non-resident. Additionally, there have been unauthorized... View More

Timothy Denison
Timothy Denison
answered on Mar 3, 2025

Hire a lawyer in or near the city where your brother lived so he can flush out the details of the expenditures and still protect your interests at the same time.

1 Answer | Asked in Domestic Violence and Civil Litigation for Kentucky on
Q: Can I drop a DVO against my ex, who didn't violate it, amid his ongoing strangulation case?

I obtained a DVO against my ex-boyfriend about 6 months ago, set to last for 3 years. We've decided to work things out, and I've noticed a positive change in him since then. The DVO hasn't been violated during this time. However, he is currently facing a separate ongoing case for... View More

Timothy Denison
Timothy Denison
answered on Feb 27, 2025

Yes. You can, although whether it is dropped is solely up to the judge.

1 Answer | Asked in Banking and Civil Litigation for Kentucky on
Q: Seeking legal help for claiming inheritance from Limestone Bank, Kentucky, USA.

I am living in Turkey and have money in Limestone Bank in Kentucky, United States, left to me by my mother’s brother, who lived in the US. Although I have all the legal documents from the bank, I have been unable to contact them or receive any responses via mail. I need legal assistance to handle... View More

Timothy Denison
Timothy Denison
answered on Feb 18, 2025

Yes. A lawyer in or near the city where the bank is located could possibly help you after reviewing the documents you have and determining how to proceed.

1 Answer | Asked in Banking, Civil Litigation, Public Benefits, International Law and Probate for Kentucky on
Q: Accessing deceased uncle's bank account in KY from Turkey.

I am living in Turkey and trying to access a bank account at Limestone Bank in the United States, which belonged to my uncle who passed away in Kentucky. I have all the necessary documents from the Turkish government proving my right to access this account. However, an individual named Maria... View More

James L. Arrasmith
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answered on Feb 18, 2025

You should also connect with the probate court in the Kentucky county where your uncle lived, as they oversee the distribution of assets after death. If needed, you can work with a Kentucky-based attorney who can represent your interests locally - the Kentucky Bar Association can help you find one.... View More

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