Get free answers to your Civil Litigation legal questions from lawyers in your area.
My fiancé sold a vehicle to a buyer, and the buyer arranged for a tow truck to come to our home to pick it up. The buyer needed a jump box, and when asked, my fiancé assisted by using the tow truck driver's jump box. The buyer paid the tow truck driver, but the driver also requested payment... View More 
answered on Mar 11, 2025
Your fiancé may have legal grounds to dispute the payment, as he did not request the tow truck's services and had no contractual obligation to pay. To address the situation, he should gather all relevant documentation, including receipts, communications, and any witness statements confirming... View More
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
I'm dealing with my husband's insurance company, which is denying a claim for his necessary treatment, stating it's "investigational" and "not medically necessary." We have appealed, but the denial was upheld despite a doctor's statement supporting the... View More
answered on Apr 24, 2025
Follow the appeals process set out by the insurance company. You have to exhaust all administrative remedies. Express you can file suit.
I purchased a detailing business where the sales contract included two buildings as part of the deal. It turns out the sellers did not legally own these buildings, and I am beginning legal proceedings against them. I also have someone interested in buying other parts of the business, which includes... View More
answered on Apr 22, 2025
I would not do so bc it could impair your claim in the litigation.
I had an incident where my hair was severely damaged after a salon treatment involving pure bleach. The treatment lasted for about 10 hours over two days, and I am still going to the doctor due to scalp issues, including scabs. These visits have resulted in medical bills, although my insurance... View More
answered on Apr 17, 2025
Sue the salon and the stylist both for your medical bills and damages from the treatment.
I received a Finding and Award from a California Workers' Compensation Appeals Board judge, which was issued in my favor while my employer was based in California. My employer has since relocated to Kentucky, where I am now trying to have the award recognized and enforced. I have sent a... View More
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answered on Apr 11, 2025
I can only imagine how frustrating this must be—you’ve already gone through the legal process in California and now you’re hitting another wall just trying to enforce what’s been awarded to you. While a California WCAB award is binding in that state, Kentucky courts don’t automatically... View More
My father was a semi-truck driver and was found deceased at his employer's office. He wasn't discovered for 11 hours. There were no medical assistance measures or protocols on site, and his employer has not communicated with us since he was found. The incident was not reported to OSHA... View More
answered on Apr 10, 2025
This does not appear to be a "failure to provide a safe work environment" case from the narrative you provided.
I was granted a full expungement, yet my name and appeal still appear on the Justia website. Why is this information still accessible, and what steps can I take to address this issue?
answered on Apr 10, 2025
Not sure how, where or why your name appears, but you may want to send them a copy of your expungement order requesting they remoe the information.
I hired a contractor without a written contract, and after he failed to follow instructions and took trees from my property, I decided not to proceed with further work. I informed him via text that I would deduct damages and the value of the trees from the payment. Despite offering to meet and... View More
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