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Kentucky Civil Litigation Questions & Answers

1 Answer | Asked in Civil Litigation, Contracts and Lemon Law for Kentucky on

Q: Can I sue a car dealership for breach of contact

I am financing a car and the car I got everything was good when I took it home well the next day I go to get in there are cockroaches in the car and a bed bug well I tell them about it and they had my car 4 different times and every time they said they took care of it there is no more and now there... Read more »

Timothy Denison answered on Sep 13, 2019

You would need to hire an expert to determine everything g that is wrong with the car and then see if those repairs are covered by your contract to determine where you have a breach or not.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on

Q: Hi. If someone was arrested for possession of forged instrument 1st degree. But the currency had "THE JOKE IS ON YOU"

On the back of the currency. Can they still be indicted? Even if they didnt know

Timothy Denison answered on Aug 31, 2019

Yes

1 Answer | Asked in Civil Litigation and Contracts for Kentucky on

Q: How long does a storage company have to wait before they auction a self storage unit

Timothy Denison answered on Aug 30, 2019

The time should be specified in the contract but if it is not, then within a reasonable time.

1 Answer | Asked in Civil Litigation for Kentucky on

Q: Lost equipment would be I responsible to pay value of new or used

My son was on a volunteer on local fire department and they issued him some equipment. he has turned all the Equipment Except one item (radio) that he cannot find. He’s willing to pay back the value of it However my question is if it was used when They gave it to him wouldn’t he only be... Read more »

Timothy Denison answered on Aug 10, 2019

He is only responsible for the fair market value of the radio at the time it was given to him then lost, not the cost of a new radio.

1 Answer | Asked in Civil Litigation, Medical Malpractice, Criminal Law and Health Care Law for Kentucky on

Q: How can I make my doctors office amend my medical chart?

I have repeatedly asked for an incorrect diagnosis to be corrected in my chart and the doctors office is ignoring me. I even filed a complaint with the Office for Civil Rights and the doctors office has still not responded to me. Can I get a court order or get an attorney help me and possibly get... Read more »

Timothy Denison answered on Aug 5, 2019

You’ll need an attorney to help you bc you will probably have to file suit. It is doubtful that you will get them to pay your attorney fees.

1 Answer | Asked in Civil Litigation, Family Law and Child Support for Kentucky on

Q: What is state law on back child support after being notified of a child after the age of 4

My brother-in-law was notified of a child that possibly was his after the age of 4 it was ordered to pay child support and back child support from the time the child was born is there a statue of limitation in the state of Kentucky how far back they can go and charge you back child support he... Read more »

Timothy Denison answered on Jun 17, 2019

The petition must’ve been filed before the age of 4 in order to collect back support. Otherwise, it runs from the filing of the petition.

1 Answer | Asked in Civil Litigation for Kentucky on

Q: Is it legal for a constable to post pictures of the home and road name on Facebook of someone they just arrested on

On trafficking under 2 grams of meth. Charge

Timothy Denison answered on Jun 13, 2019

Yes.

1 Answer | Asked in Civil Litigation for Kentucky on

Q: I'm in Kentucky. My landlord knew my neighbor had a vicious pit bull which had killed 2 dogs. It killed mine also.

The pit bull was off her leash and collar, came into my yard and viciously killed my 10-lb. dog which I'd had for ten years, indoor dog, right at my feet. Is landlord responsible?

Timothy Denison answered on Jun 8, 2019

Yes. Sue everyone.

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Kentucky on

Q: My Ky. neighbor's vicious pit bull killed my small dog in my yard. Is neighbor or landlord responsible for loss?

I've lived in this mobile home park 19 years. He just now moved in and this girlfriend owns the dog, but she was living with him. She told me a month before that, that it was a known vicious animal and killed 2 dogs already. I alerted the mobile home court owner of this one month before she let it... Read more »

Timothy Denison answered on May 31, 2019

Neighbor is liable for all of it. Landlord depends on what your lease says.

2 Answers | Asked in Civil Litigation and Contracts for Kentucky on

Q: What can you do if items are not removed after land lease ends?

My mom had a land and pasture lease that terminated end of February with a gentleman. He was notified in December that his lease would end February 28th. He still has a couple items remaining on the land. One is a heavy feeder inside the pasture where the next lessee is putting cattle. We asked him... Read more »

Bruce Alexander Minnick answered on May 16, 2019

No competent lawyer would ever advise you to send important warning messages like this using a text message.

If you and your mom are serious about removing the unwanted personal property from your mom's land without being sued for conversion, your are advised to draft a professional...
Read more »

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1 Answer | Asked in Civil Litigation, Consumer Law and Lemon Law for Kentucky on

Q: I need to talk to someone about false advertising laws

Bought a car on the 25th for 1800, ad said mechanically sound, perfect condition safe and dependable. The 27th had to replace battery, car was running on alternator, 30th took car to friend and there was a broken spring, bad struts, had to replace those. Ad said perfect ac and heat, on the 30th the... Read more »

Timothy Denison answered on May 2, 2019

Consult a local attorney about a fraud claim against the seller.

1 Answer | Asked in Banking, Civil Litigation and Collections for Kentucky on

Q: How do I find out if a judgement has been passed against me?

Got sued by Zwicker & Assoc via Discover Bank Credit Card in January 2017. Tried to work things out between now and then and I just could never afford the payments. Now when I go to search FOR the case by my case # on the website it's like it never existed. What does this mean? Did they give up? I... Read more »

Timothy Denison answered on Jan 27, 2019

Go to the courthouse, have them pull the file and you will be able to see if they have s judgment and is so, what collection efforts are underway against you. You may want to hire a lawyer to help you try and settle the case.

2 Answers | Asked in Civil Litigation for Kentucky on

Q: I loaned my now ex girlfriend 8000.00 in July 2018. Here are the details below.

She had sued her ex boyfriend and would pay me when she received the settlement. Loaned the money in July 2018. She Signed a contract with me in July 2018 for payment. She said case was resolved and judge gave him till end of 2018 to settle. After the end of 2018 I contacted her to get an update.... Read more »

Timothy Denison answered on Jan 14, 2019

It is definitely fraud. The settlement and any notice of appeal would absolutely be in the court file.

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1 Answer | Asked in Small Claims and Civil Litigation for Kentucky on

Q: What can I do if a judgment was granted against me after paying the agreed settlement

I was sued for 2000, I settled for 500 and have that agreement in writing. I paid the 500 before the hearing and was told the case would be dismissed and no need to go to the hearing. A judgement was granted for the full amount plus court costs. What can I do

Timothy Denison answered on Dec 23, 2018

Redicket the case and ask the court to set aside the judgment and dismiss the case as settled.

1 Answer | Asked in Personal Injury, Car Accidents and Civil Litigation for Kentucky on

Q: We was involved in a 6 vehicle wreck on Jello hill but I live in the state of Kentucky where do I need to file a claim

For injuries at.

Adam Michael Russell answered on Nov 18, 2018

The laws of the state where the crash occurred will control, and in most circumstances a court action would be initiated in that jurisdiction. An injury claim should first be filed with the at-fault party or parties insurance carriers. Multi-car crashes can be complicated. Do not speak with any... Read more »

1 Answer | Asked in Civil Litigation for Kentucky on

Q: I returned an item to a local leasing company 5 months ago they havent came to get it and never called

Until Saturday were they ask me to drive the item 60 miles out of my way or pay 200 to restart the lease

Timothy Denison answered on Oct 24, 2018

If you returned it to them 5 months ago, how can you have it to drive 60 miles out of your way.

1 Answer | Asked in Personal Injury and Civil Litigation for Kentucky on

Q: Pursuant to F.R.Civ.P. 12(a)(4)(A), are complaint answers required or allowed, upon reversal of summary judgment.

I.E. In the initial stage of discovery, is the moving party of a summary judgment motion allowed or obligated to go back and file the answer, that was substituted by his dispositive motion, which was granted and ultimately reversed by the 6th Circuit court of appeals?

Timothy Denison answered on Oct 7, 2018

Yes. He should go back and file an answer or you should move for default against him if he does not.

1 Answer | Asked in Civil Litigation for Kentucky on

Q: Under federal law, are complaint answers required after a summary judgment order is overturned by the court of appeals?

Please provide Sixth Circuit case law supporting your answer.

Peter N. Munsing answered on Oct 2, 2018

Assuming that is the stage where the case was when the motion for summary judgment was filed the case goes to whatever point it was.

1 Answer | Asked in Civil Litigation for Kentucky on

Q: Under federal law, are answers to complaints required subsequent to the overturning of a summary judgment order.

Timothy Denison answered on Sep 29, 2018

If no answer was filed, it would normally be a default judgment rather than a summary judgment.

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