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Kentucky Civil Litigation Questions & Answers
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.

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

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.

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.

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