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Kentucky Civil Litigation Questions & Answers
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

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Kentucky on
Q: Can personal property be seized without a warrant? Is it legal to obtain a search warrant after the fact? ( like weeks).

Can evidence if any be used againt a person if Miranda Rights were not read before seizure of personal property? Law enforcement is trying to use my personal property for someone to obtain evidence in someone else’s legal matters, is this legal and orderly steps to seize property?

James L. Arrasmith
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answered on Feb 28, 2024

In general, law enforcement typically needs a warrant to seize personal property, unless certain exceptions apply, such as exigent circumstances or consent. Obtaining a search warrant after the fact, especially weeks later, could raise legal questions about the validity of the search and seizure.... View More

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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.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: Hello I am writing to ask if I have grounds for a case I was hired and never paid my wages.
Timothy Denison
Timothy Denison
answered on Jan 8, 2024

Possibly. You should report it to the Ky Labor Board and file a complaint with them.

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: I feel like my right to a speedy trial has been completely ignored. charged 8 years ago and still no indictment

Charged with Felony theft in 2015 case was bound over to grand jury in district court (Kentucky). To this day, case has not been presented to grand jury for indictment. Charge appears on background check and im certain it has kept me from being hired at more than one job that I applied for and was... View More

James L. Arrasmith
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answered on Jan 5, 2024

Your concern about the delay in your case is understandable. The right to a speedy trial is a constitutional right, but the interpretation of what constitutes a "speedy" trial can vary based on the circumstances of the case.

In Kentucky, if your case has been bound over to the...
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1 Answer | Asked in Civil Litigation for Kentucky on
Q: Can a towing company keep my title of my car after it was towed for being out of gas?

I ran out of gas and I left my flashers on and walked to get gas. An hour and a half later when I returned my vehicle was gone. my title was in the car because I just bought it. A person I know was at the towing company for a different reason and the guy told her all of my business and information.... View More

James L. Arrasmith
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answered on Jan 2, 2024

In Kentucky, a towing company does not have the right to keep the title of your car, regardless of the reason for towing. The title is a legal document proving ownership and should remain with the owner. If your car was towed, the towing company can charge fees for towing and storage, but holding... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Kentucky on
Q: Can I request a judge to quickly rule on a single motion for Writ of possession, or will I have to file a civil lawsuit?

I have belongings at my girlfriends house and she wont give the rest of my stuff back. If I ask her to let me get my stuff she'll say I'm harassing her, and thats nowhere near the case. We broke up last weekand she brought much of my stuff outside.

I had new items inside her... View More

James L. Arrasmith
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answered on Dec 23, 2023

In Kentucky, retrieving your belongings from an ex-partner's property can be a delicate legal matter. If amicable resolution attempts fail, you have a couple of legal options to consider.

Firstly, you could file a small claims action if the value of your belongings is within the small...
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1 Answer | Asked in Contracts, Business Law and Civil Litigation for Kentucky on
Q: I purchased a new car from a dealership that offered free oil changes for as long as I owned the car.

The dealership sold to another dealership who continued the free oil changes for 8 years but have advised that they will no longer honor the contract. Do I have a claim for breach of contract?

Timothy Denison
Timothy Denison
answered on Nov 16, 2023

Yes. You do.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Kentucky on
Q: Absentee bid form a contract?

I left an absentee bid with a auction company. I texted him, (owner of the company) my max bid (5600.00), a picture of the item, and a picture of my driver license. He said he would take care of getting me registered and bid on my behalf. After a couple of days of not hearing from him. I called... View More

Timothy Denison
Timothy Denison
answered on Nov 8, 2023

You can sue him but honestly, it will probably be more frustrating and aggravating than to just let it go.

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Kentucky on
Q: If you feed a stray dog in Kentucky are they considered yours ,leash law? Letcher county Kentucky
Timothy Denison
Timothy Denison
answered on Sep 16, 2023

No. They are not yours. Leash law has nothing to do with it.

2 Answers | Asked in Civil Litigation for Kentucky on
Q: Kentucky. In federal court. Do damages of over $75,000 have to be claimed if the complaint is not a diversity question?

If someone files a complaint in fed court on a federal question 28 U.S.C. § 1331, do they have to meet the $75,000 in damages as in a diversity case? Or can the complainant ask for less?

Timothy Denison
Timothy Denison
answered on Aug 28, 2023

No. Federal question doesn’t require any amount. Diversity requires $75,000 in controversy.

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1 Answer | Asked in Civil Litigation and Civil Rights for Kentucky on
Q: Kentucky. In federal district court can a Plaintiff seek a ruling without seeking money damages?

In state circuit court a clerk refused to file my complaint with IFP in violation of statute and case law. That resulted in my case being dismissed. If I file a fed complaint, will I have to ask for monetary compensation for damages? Or can I ask for just a ruling on whether the clerk violated my... View More

Timothy Denison
Timothy Denison
answered on Aug 25, 2023

In federal court, you can ask for a declaratory judgment without asking for damages.

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