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Kentucky Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Kentucky on
Q: I need to respond to a ridiculous petition for dissolution of marriage, in writing, so I just write a letter or what?
Timothy Denison
Timothy Denison
answered on Oct 8, 2024

You can write a letter or you can just admit or deny the allegations in the petition. The operative fact is to file it with the court and send a copy to the filer of the petition. Do that and you’ll be fine.

2 Answers | Asked in Criminal Law, Real Estate Law and Civil Litigation for Kentucky on
Q: How can I prove a DEED is FAKE or FORGED or FRADULENT?

100 Acre farm purchased by a set of four brothers and held with undivided interest for over 18 years. THEN they decided to divide the farm into parcels (one for each brother/spouse). BUT they specifically left ONE tract deeded amongst ALL of them (main entryway onto property and also included a... View More

Anthony M. Avery
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answered on Sep 26, 2024

It would be almost impossible to backdate the recording of a deed at the courthouse. But the deed should be examined very closely, especially checking out the notary's commission and the signatures themselves. Notary should be found and questioned. Whoever drafted the deed should be... View More

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1 Answer | Asked in Family Law and Civil Litigation for Kentucky on
Q: Family cemetery on our property parcel in rural farm area. Due to fighting - can I refuse further family to be buried?

Family cemetery on our property parcel in rural farm area. Due to fighting - can I refuse further family to be buried?

I would purposely be ousting wife from being buried next to husband there, as well as any further people in their immediate family. This will apply to other family members... View More

Timothy Denison
Timothy Denison
answered on Sep 25, 2024

Yes. You most likely can prevent further burials there unless there are deed restrictions, easements or covenants that all them to be buried there.

2 Answers | Asked in Real Estate Law and Civil Litigation for Kentucky on
Q: Can I sue title company for giving me a deed when I paid cash and then a year later finding out there's a lien

Bought a house a year ago title company said clean title paid cash now they're telling me that an old loan I'm 20 years ago that I was not aware of is foreclosing on the house that I paid cash for. Can I sue the title company but not finding this

Anthony M. Avery
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answered on Sep 11, 2024

Title companies claim not to represent anybody, so no duties owed. There are still some causes of actions against them, but it is tough. If a lawyer was involved, it may be possible to go after him legally and/or professionally. If there was a warranty deed, breach of covenants against... View More

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1 Answer | Asked in Criminal Law, Internet Law and Civil Litigation for Kentucky on
Q: I have picture of my husband and his mistress in a hotel parking lot in Kentucky is it illegal if I post it on internet?
James L. Arrasmith
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answered on Aug 31, 2024

Posting a picture of your husband and his mistress in a hotel parking lot could potentially raise legal issues. Depending on the circumstances, it might be considered an invasion of privacy or could lead to defamation claims if the content is misleading or causes harm to someone's reputation.... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Federal Crimes for Kentucky on
Q: What is my next step if disciplinary boards or committees ignore or do nothing to serious violations nor and law agency?

My former spouse for 18 years has been using family courts different stages, exploiting me, using my son even now at 18 as a spy weapon and a domestic violence tactic to punish me through courts , judicial system, devastating crimes,interstate patent kidnapping, breaking criminal law In court , my... View More

Timothy Denison
Timothy Denison
answered on Aug 29, 2024

You will need to hire a private attorney to review and possibly file suit if practicable.

1 Answer | Asked in Consumer Law and Civil Litigation for Kentucky on
Q: We bought a used boat. Equipment was missing when we picked up the boat. Can the seller be made to return the equipment

The sailboat ad listed the missing equipment and the survey report also listed the equipment. The seller is not returning phone calls or text messages from our broker. The cost of replacing the missing equipment would be approximately -$4000 plus.

Timothy Denison
Timothy Denison
answered on Jun 12, 2024

Yes. If it is listed in the ad, you may have a fraud claim against the seller.

1 Answer | Asked in Civil Litigation and Domestic Violence for Kentucky on
Q: Am I able to drop a DVO in Ky? How do I go about this?

Defendant wasn’t able to make it to court due to working out of town, so it was changed from an EPO to a DVO. I would like to try and work through issues with counseling and would like to drop the charges

Timothy Denison
Timothy Denison
answered on Jun 11, 2024

You’ll need to file a motion to set aside and dismiss in the court that issued the DVO.

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: Does frcp 60(b)(2) apply if there was no trial? e.g. 12(b)(6) dismissal? If "yes", what legal authority supports answer

plain language FRCP of 60(b)(2) reflects "trial" under FRCP 59 so I don't know how it could apply to 12(b)(6) dismissals.

James L. Arrasmith
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answered on May 19, 2024

Yes, Federal Rule of Civil Procedure 60(b)(2) can apply even if there was no trial, such as in cases of a 12(b)(6) dismissal. Rule 60(b)(2) allows for relief from a final judgment based on newly discovered evidence that could not have been previously discovered with reasonable diligence.... View More

1 Answer | Asked in Civil Litigation for Kentucky on
Q: Built fence in Bullit Co. I live in Oldham Co ky. Was served civil summons for Bullit co. Can I dismiss for jurisdiction

my husband built a fence for someone he’s a handyman in another county. He should be served in his county since he’s not acting as a business correct? Can file a motion to dismiss due to lack of jurisdiction?

Timothy Denison
Timothy Denison
answered on May 15, 2024

You can file the motion to dismiss but likely Bullitt is a proper venue as the work was performed there and at least some of the evidence is there. Most likely will be heard in Bullitt County rather than Oldham.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: Auto finance wrongful repossession

Auto finance company harassment, adding additional fees without reason, unreported payment, no validation of depth letter, stole my vehicle and resold it, refused to resolve loan.

Timothy Denison
Timothy Denison
answered on Apr 15, 2024

You’ll need to hire a lawyer and sue them for consumer fraud.

1 Answer | Asked in Civil Litigation and Contracts for Kentucky on
Q: Ex boyfriend purchased tires from RNR on my truck and refuses to pay now, does that come back on me? I am selling truck
Timothy Denison
Timothy Denison
answered on Apr 4, 2024

Not unless you signed and agreed to pay for them.

1 Answer | Asked in Civil Litigation, Criminal Law, Employment Law and Sexual Harassment for Kentucky on
Q: What can be done when an inmate has been sexually assaulted by a corrections officer?

My girlfriend was incarcerated at a women's prison facility in Virginia for several years. There's been two substantiated PREAS filed and found true. My girlfriend used 27 razor blades to take her own life when she was incarcerated all bc of this corrections officer and the way that she... View More

Timothy Denison
Timothy Denison
answered on Mar 10, 2024

If she took her own life, how is she now home with separation anxiety?

1 Answer | Asked in Civil Litigation for Kentucky on
Q: Kentucky. Does a Plaintiff have to identify a Defendant by their first and last name in a civil suit?

Someone at my address received a civil summons in District Court. But the Defendant’s first name is only one letter. For example, J. Doe. More than one person living here has a first name beginning with the letter. None of us have a legal first name with only one letter. None of us recall any... View More

Timothy Denison
Timothy Denison
answered on Mar 8, 2024

The Defendant should be identified by first and last name. The density may be able to be fully developed through discovery as the case proceeds.

1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Federal Crimes for Kentucky on
Q: I was severely beaten by an on duty cop and his wife were shopping at Walmart while he was on duty and in uniform.

I was placed on life support and this officer beat me within an1/2 of my life.I’m getting a little better but I am just now able to file a complaint and tell my story.in my opinion this officer is not in control of his actions he waited on me at Walmart in hazard ky and his wife started this and... View More

James L. Arrasmith
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answered on Mar 1, 2024

I'm truly sorry to hear about the traumatic experience you've been through. It's important to seek immediate assistance and support from local law enforcement agencies and medical professionals. Documenting all the details of the incident, including witness testimonies and any... View More

1 Answer | Asked in Civil Litigation for Kentucky on
Q: In the state of Kentucky, how long does a judge have to make a ruling on a civil case?

I lived in an apartment building where the sprinklers randomly went off. My neighbor below me sued for fire damages. (even though there was no fire). I cleaned up the water in my apartment and dried everything off while he left his apartment to soak for almost a week leaving the landlord to dry his... View More

Timothy Denison
Timothy Denison
answered on Feb 24, 2024

Theoretically, rulings are supposed to come down 60 days after the filing of an AOC-280 form, although practically speaking, they can and do take as much time as they like.

1 Answer | Asked in Banking and Civil Litigation for Kentucky on
Q: A son talked my 87 year old dad into taking out a $200,000 loan saying I have property I can build us a big home

Where you all can live too. He sold the property and didn’t. The son is paying loan monthly but my dad needs it now. Legal recourse?

James L. Arrasmith
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answered on Jan 30, 2024

In a situation where your 87-year-old dad took out a $200,000 loan based on his son's promise to build a home, legal recourse may be possible depending on the specifics of the case. It's crucial to consult with an attorney who specializes in contract and elder law to assess the situation... View More

1 Answer | Asked in Business Law and Civil Litigation for Kentucky on
Q: What happens if someone is trying to sue a business with the incorrect business name?

Someone sent a certified complaint to the local circuit court. The complaint has my business name wrong.

Timothy Denison
Timothy Denison
answered on Jan 26, 2024

When you answer, you should raise the defense of improper entity.

1 Answer | Asked in Business Law, Civil Litigation and Collections for Kentucky on
Q: someone is trying to sue my business, but has the business name incorrect. Does this affect anything?

A person is claiming that my business owes them money after equipment was purchased. There was no written agreement and they deposited the check, but are now trying to change the verbal agreement. They have since sent a certified complaint to the local civil court. The certified complaint does... View More

Timothy Denison
Timothy Denison
answered on Jan 27, 2024

Raise the incorrect name as a defense in your answer to the complaint.

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Kentucky on
Q: What gives an attorney the right to have you removed from courthouse after appointment of administration of mother's est

Hearing?he is clearly representing my brother not estate,as brothers wife cleans his house.told me get my info from courthouse and I could go to hell .

Timothy Denison
Timothy Denison
answered on Jan 13, 2024

More facts are needed to properly answer this question.

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