Get free answers to your Civil Litigation legal questions from lawyers in your area.
I signed a settlement agreement for a civil case partly to attorney's advice, of high trial costs, limited 60-day prep window and legal fees aren't awarded even won? I wasn’t told mediation document was a memorandum or the plaintiff didn't have a deadline to fulfill terms like... View More 
answered on Nov 25, 2024
you can certainly file a motion to be relieved from the mediation agreement, but since you were represented by counsel and signed the agreement voluntarily, you have an uphill battle on your hands. You should sit down with your lawyer and go over the terms and make sure you understand them before... View More
100 Acre farm purchased by a set of four brothers and held with undivided interest for over 18 years. THEN they decided to divide the farm into parcels (one for each brother/spouse). BUT they specifically left ONE tract deeded amongst ALL of them (main entryway onto property and also included a... View More
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answered on Sep 26, 2024
It would be almost impossible to backdate the recording of a deed at the courthouse. But the deed should be examined very closely, especially checking out the notary's commission and the signatures themselves. Notary should be found and questioned. Whoever drafted the deed should be... View More
Bought a house a year ago title company said clean title paid cash now they're telling me that an old loan I'm 20 years ago that I was not aware of is foreclosing on the house that I paid cash for. Can I sue the title company but not finding this
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answered on Sep 11, 2024
Title companies claim not to represent anybody, so no duties owed. There are still some causes of actions against them, but it is tough. If a lawyer was involved, it may be possible to go after him legally and/or professionally. If there was a warranty deed, breach of covenants against... View More
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.
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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
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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... View More
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?
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.
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
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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
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?
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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
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?
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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
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
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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... View More
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
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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
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
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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... View More
CAPITAL One served papers Nov 29th, I have contacted legal aid but they do not associate with this. Please, help on how to reply. I have no money and just received my first UI check. I plan on filing for bankruptcy After the holidays is applicable.
answered on Dec 6, 2024
Simply admit or deny each allegation of the complaint, sign it, send a copy to opposing counsel and file your original with the court. You may want to hire a lawyer to help you with this.
answered on Oct 8, 2024
You can write a letter or you can just admit or deny the allegations in the petition. The operative fact is to file it with the court and send a copy to the filer of the petition. Do that and you’ll be fine.
Family cemetery on our property parcel in rural farm area. Due to fighting - can I refuse further family to be buried?
I would purposely be ousting wife from being buried next to husband there, as well as any further people in their immediate family. This will apply to other family members... View More
answered on Sep 25, 2024
Yes. You most likely can prevent further burials there unless there are deed restrictions, easements or covenants that all them to be buried there.
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answered on Aug 31, 2024
Posting a picture of your husband and his mistress in a hotel parking lot could potentially raise legal issues. Depending on the circumstances, it might be considered an invasion of privacy or could lead to defamation claims if the content is misleading or causes harm to someone's reputation.... View More
My former spouse for 18 years has been using family courts different stages, exploiting me, using my son even now at 18 as a spy weapon and a domestic violence tactic to punish me through courts , judicial system, devastating crimes,interstate patent kidnapping, breaking criminal law In court , my... View More
answered on Aug 29, 2024
You will need to hire a private attorney to review and possibly file suit if practicable.
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.
answered on Jun 12, 2024
Yes. If it is listed in the ad, you may have a fraud claim against the seller.
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
answered on Jun 11, 2024
You’ll need to file a motion to set aside and dismiss in the court that issued the DVO.
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.
answered on Apr 15, 2024
You’ll need to hire a lawyer and sue them for consumer fraud.
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