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Kentucky Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation for Kentucky on
Q: KY. Can I serve a subpoena from small claims court?

I slipped and fell in a puddle of water at Walmart. Injured my knee and filled out a complaint immediately afterward. They gave me a claim number. But I haven't heard anything from their insurance, and I've made several calls and left messages. It's been about 6 or 7 weeks now.... View More

0 Answers | Asked in Consumer Law, Family Law, Civil Litigation and Legal Malpractice for Kentucky on
Q: Can I bring legal action against cps FOr placing my kids in a home that they're now removed from permanently

They were once removed from this same woman that was not legally even a foster parent in the first place and they gave them back to her 90 days later

0 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Construction Law for Kentucky on
Q: Contractor used cheaper materials?

Hired a local flooring company to install 2000 sq feet # 1 grade hardwood flooring which is outlined in contract. About six months later after countless attempts to get the warranty information also outlined in the contract and noticing excessive holes, knots and other defects that were visibly... View More

0 Answers | Asked in Civil Litigation for Kentucky on
Q: Is it considered cyber stalking if someone creates a fake social profile to view someone elses public posts?

Person A has Person B blocked on social media, so that they can’t contact them. Person B has a history of posting cruel, insulting and violent comments about person A. Is it cyberstalking if Person A creates a fake profile to view person B’s public posts? Especially if they are in fact posting... View More

0 Answers | Asked in Civil Litigation for Kentucky on
Q: A women was arrested using my identifying information and got bonded out the sAme day never went to following court date

I was arrested at probation for failure to appear warrant incarerated 3 1/2 months do I have lawsuit

0 Answers | Asked in Consumer Law, Civil Litigation and Public Benefits for Kentucky on
Q: Can I sue Tim short dodge jeep ram

Bought a vehicle in March 23. Only had it in my possession maybe 8 months put together. They just fixed the rear end after having out a transmission in it. Now they want me to pay the deductible. They have had it for 3 weeks now. I know there is no lemon law for used vehicles. But someone needs... View More

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

2 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Civil Rights for Kentucky on
Q: Does frcp 60(b)(2) apply if there was no trial? e.g. 12(b)(6) dismissal?
James L. Arrasmith
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answered on Jun 3, 2024

Yes, Rule 60(b)(2) can apply even if there was no trial. This rule allows a party to seek relief from a judgment or order based on newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b).

The fact that the...
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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

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.

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