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Kentucky Civil Litigation Questions & Answers
1 Answer | Asked in Landlord - Tenant and Civil Litigation for Kentucky on
Q: My ex-wife got served papers from old landlord for damages done to the property. Does he need to physically serve me in

Kentucky? This is where i have lived for the past 4 months and have claimed permanent residence here. Just need some advice on my next steps. My name and new address is on the papers he served to ex-wife.

T. Augustus Claus
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answered on Aug 21, 2023

n Kentucky, if you've established permanent residence there for the past four months and your new address is included on the papers served to your ex-wife, it's possible that the service of legal documents might be considered valid. This could be due to substitute service, where documents... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Sexual Harassment for Kentucky on
Q: What to do about my boyfriend's ex downloading my minor daughter's photo and sending to my boyfriend using vulgar words?

This woman gets angry and harasses me and my children via third-party and recently downloaded my 16 yr old daughter's Facebook profile photo and sent to my boyfriend using vulgar profanity. Can I pursue legal action for sexualizing my minor child? She said she looked like a d*** s*****g, about... View More

Timothy Denison
Timothy Denison
answered on Jul 13, 2023

You can pursue legal action for harassment. The facts contained in Your description are sparse and more information is needed to determine what other charges might lie.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Kentucky on
Q: My neighbor is constantly in and out of jail he has started threatening our family was arrested for 1 day what can we do

I have filled a police report with three witness statements shown video and they still let him out after a day! He’s a known meth head who says he has “health conditions” mine and my neighbors safety is at risk yet somehow after a day or two in jail he gets out. He also constantly beats on... View More

Timothy Denison
Timothy Denison
answered on Jul 10, 2023

Go to your county attorney and swear out a criminal complaint for him. That will get you into court to address his behavior.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: circuit court ky . judge signed and dated an order but didn't enter it. succeeding judge discovers the order and enter

the order. defendant objects. do the rules cover this? is there ky case law on point?

Timothy Denison
Timothy Denison
answered on Jun 26, 2023

Yes. The order is not effective until the clerk enters it after the second judge signed it.

1 Answer | Asked in Foreclosure, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: What does "the facts constituting the offense" mean and how detailed is it required to be?
Timothy Denison
Timothy Denison
answered on Jun 15, 2023

It means what you did to become charged with a crime. Each element of any offense must be proven beyond a reasonable doubt.

1 Answer | Asked in Criminal Law and Civil Litigation for Kentucky on
Q: My neighbor got into a verbal argument a week ago I did not and have not made any threat's against her and if I see her

Outside I do not speak to her she is going to file a civil restraining order on me will I have to move if she does this

Timothy Denison
Timothy Denison
answered on Jun 7, 2023

No. You and your neighbor will likely be ordered to mediate your dispute. You do not have to move.

3 Answers | Asked in Legal Malpractice, Personal Injury and Civil Litigation for Kentucky on
Q: Is it legal to put my assets in my girlfriends name if I anticipate being sued in the future?

This would include my biweekly paychecks, current bank account, car insurance, and vehicle. I have not been sued yet, but anticipate it happening in the next 3 years. Would it be legal for me to transfer all these assets, to get them out of my name, prior to any lawsuit being filed?

Brent Cox
Brent Cox
answered on Jun 2, 2023

This sounds like fraudulent conveyances. I believe you can be sued for doing this with the knowledge that you are likely to be sued. I would consult an attorney who can analyze all the facts of your particular situation.

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1 Answer | Asked in Civil Litigation for Kentucky on
Q: In KY can a tax buying business be liable for filing for closure before following the required statutes

I am an heir to property in Whitley County that was behind on taxes. A company bought the tax cert but did not notify us per KRS § 134.490 nor before bringing suit, 490 (1) and (2). They went straight to circuit court. I filed for dismissal for lack of jurisdiction because the plaintiff failed to... View More

Timothy Denison
Timothy Denison
answered on May 11, 2023

If they did not follow the statute, you may have a case for liability but your damages are pretty speculative at best. Probably would wind up spending more that you’d recover.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: A 17 year old girl attacked our 12 year old daughter and we filed an IPO against her, the girl now filed an IPO

Against our 17 year old son, what do we do from here?

Timothy Denison
Timothy Denison
answered on May 6, 2023

Hire a lawyer who will show that the petition against your son is retaliatory.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: Does the same laws /rules apply in kentucky as in Pennsylvania ?

Q: My grandma died of neglect in a Pennsylvania nursing home recently. A representative for the nursing home told us we would be wasting our time suing them, because any damages we won would just go to pay back Medicaid. Is this true? No that’s not true at all .The nursing home representative... View More

Timothy Denison
Timothy Denison
answered on Apr 23, 2023

You need to talk to your own independent lawyer and have them review her case. Don’t believe anything the nursing home or their reps tell you but listen to your own lawyer as to how to proceed.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: I own a small private family cemetery and no longer in use. Can the County road dept. place gravel on the pathway?

I own the farm with a general warranty deed with no reservations and the graves are located on it. If the county maintains the pathway (without my permission) can they place it on maps and call it a county road?

Timothy Denison
Timothy Denison
answered on Apr 19, 2023

Not unless they have an easement for the use of the property.

1 Answer | Asked in Civil Litigation, Civil Rights and Sexual Harassment for Kentucky on
Q: Hello my question is who do you go to when you're having a problem with being a lesbian.

9Being a lesbian fem non-bisexual that is being violated in my apt by a neighbor who is a Hermaphrodite that will not stop. Please I need some type of advice because the Hermaphrodite is really harassing me and taunting me.

Timothy Denison
Timothy Denison
answered on Apr 6, 2023

Take the sex/sexual orientation out of the equation (which is irrelevant) and you have a harassment case. Go to your local county attorney and take a criminal complaint against the person or persons harassing you.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: EPO dismissed by judge. Are all restrictions lifted and how long to wait to file for expungement?
Timothy Denison
Timothy Denison
answered on Mar 26, 2023

Yes. All restrictions lifted. Six months to wait to expunge.

1 Answer | Asked in Civil Litigation and Civil Rights for Kentucky on
Q: In fed court does the $ amount of damages have to be included in the initial complaint?
Timothy Denison
Timothy Denison
answered on Mar 19, 2023

No. Just a statement that are in excess of the jurisdictional threshold.

1 Answer | Asked in Civil Litigation and Real Estate Law for Kentucky on
Q: Do KY listing Realtors have to disclose pending litigation that can affect the property in the future?

House is listed in HOA neighborhood; Hoa has pending lawsuit that homeowners will pay if case is lost. The listing agent was aware of litigation and did not disclose and let the seller check the box NO that there was litigation pending even though realtor knew litigation pending.

Timothy Denison
Timothy Denison
answered on Feb 6, 2023

Yes. That should have been disclosed rather than checking no if the realtor knew about the pending litigation.

1 Answer | Asked in Family Law, Civil Litigation and Domestic Violence for Kentucky on
Q: No charges we made, but lofty claims and some truth were stated. What’s the EPO process for married new parents?

Wife filed EPO, while I was at work. Spoke of past rage issues of mine where authorities were called and she left to take a breather and come back. Still no charges. She contacted me while I was in the hospital over the last week. But said I could not call back. Refered to me as her husband still.... View More

Timothy Denison
Timothy Denison
answered on Feb 6, 2023

Hire a divorce lawyer immediately and begin the process immediately.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: I need help to figure out why a sheriff was at my dad's trying to serve me. Court papers
Timothy Denison
Timothy Denison
answered on Jan 25, 2023

Call the sheriffs office and make arrangement to pick them up and find out.

1 Answer | Asked in Civil Litigation and Real Estate Law for Kentucky on
Q: I had a land contract paid it off however before it transferred they passed. How do I get the house and lot in my name

I bought the house and land from my grandparents. My grandpa passed in 2014 and my grandma in 2018. I paid it off in early 2018 right before my grandma got sick and passed. They have 3 children and two aren’t wanting to give me what I rightfully paid for. I have been threatened to be kicked out... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

You’ll have to file suit to quiet title if they won’t transfer the property to you.

1 Answer | Asked in Civil Litigation and Personal Injury for Kentucky on
Q: Mental abused for personal & religious diet

I'm a non fish eating vegetarian for personal & religious reasons. A couple of places I've had to spend extended time at has known I'm a vegetarian for personal &religious reasons from day one . They have repeatedly given me food cooked with meat and gave me pork on many... View More

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

Legally, nothing. Practically, eat somewhere else that has vegan food. No establishment is obligated to provide a special menu for you.

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Kentucky on
Q: This is a question of law, as it relates to child custody and tortious claims.

Does Kentucky recognize tortious interference with parental rights

as a cause of action and, if so, what elements constitute such a tort? If this is true, is the Restatement (Second) of Torts

§ 700 applicable to such a situation?

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

Yes. It’s called custodial interference and can give rise to both civil and criminal causes of action.

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