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Kentucky Civil Litigation Questions & Answers
2 Answers | Asked in Consumer Law, Civil Litigation and Criminal Law for Kentucky on
Q: Dispute over forced payment for tow truck services in vehicle sale.

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

John Amos Whatley
John Amos Whatley
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

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1 Answer | Asked in Arbitration / Mediation Law, Contracts and Civil Litigation for Kentucky on
Q: Can I overturn a mediation agreement if there unclear deadlines, changes in terms and duress when signing

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

Timothy Denison
Timothy Denison
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

2 Answers | Asked in Criminal Law, Real Estate Law and Civil Litigation for Kentucky on
Q: How can I prove a DEED is FAKE or FORGED or FRADULENT?

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

Anthony M. Avery
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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

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2 Answers | Asked in Real Estate Law and Civil Litigation for Kentucky on
Q: Can I sue title company for giving me a deed when I paid cash and then a year later finding out there's a lien

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

Anthony M. Avery
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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

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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: Does frcp 60(b)(2) apply if there was no trial? e.g. 12(b)(6) dismissal? If "yes", what legal authority supports answer

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.

James L. Arrasmith
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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

2 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Civil Rights for Kentucky on
Q: Does frcp 60(b)(2) apply if there was no trial? e.g. 12(b)(6) dismissal?
James L. Arrasmith
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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...
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1 Answer | Asked in Civil Litigation for Kentucky on
Q: Built fence in Bullit Co. I live in Oldham Co ky. Was served civil summons for Bullit co. Can I dismiss for jurisdiction

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?

Timothy Denison
Timothy Denison
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.

1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Federal Crimes for Kentucky on
Q: I was severely beaten by an on duty cop and his wife were shopping at Walmart while he was on duty and in uniform.

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

James L. Arrasmith
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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

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Kentucky on
Q: Can personal property be seized without a warrant? Is it legal to obtain a search warrant after the fact? ( like weeks).

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?

James L. Arrasmith
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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

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1 Answer | Asked in Banking and Civil Litigation for Kentucky on
Q: A son talked my 87 year old dad into taking out a $200,000 loan saying I have property I can build us a big home

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?

James L. Arrasmith
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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

2 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: I feel like my right to a speedy trial has been completely ignored. charged 8 years ago and still no indictment

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

James L. Arrasmith
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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...
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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

2 Answers | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Kentucky on
Q: Can I request a judge to quickly rule on a single motion for Writ of possession, or will I have to file a civil lawsuit?

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

James L. Arrasmith
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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...
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1 Answer | Asked in Contracts and Civil Litigation for Kentucky on
Q: Can they legally force me to sell the couches back?

I bought couches from a family friend for $2,500 with a verbal agreement to pay $1,000 upfront and $100 monthly until paid in full. I've paid all except $100, with receipts provided for proof. There were no terms about wanting the couches back. Now they want to buy them back and are... View More

Timothy Denison
Timothy Denison
answered on Mar 13, 2025

No. They cannot. Pay the last $100 you owe them and cease further gommunication.

Q: Can husband get early release from weekend jail despite agreement?

My husband has been sentenced to serve 53 days in county jail on weekends in Crittenden County, Kentucky. He has been diagnosed with mental health issues since 2019, and his condition is declining. His attorney requested house arrest or some modification due to his mental health, but the court... View More

Timothy Denison
Timothy Denison
answered on Mar 7, 2025

It is unlikely but you could certainly file a new motion based on the new evidence you have. An appeal would likely be fruitless bc he will have served out long before it is ever heard.

1 Answer | Asked in Landlord - Tenant and Civil Litigation for Kentucky on
Q: What can my daughter do if her landlord in Kentucky changed the locks and won't let her retrieve her belongings?

I am seeking advice because my daughter's landlord changed the locks on her rental home due to being a month late on rent, and won't let her retrieve her belongings. The landlord initially said she would have until Saturday to collect her things, but now claims to be getting rid of them... View More

Timothy Denison
Timothy Denison
answered on Mar 6, 2025

She will probably have to sue him for wrongful detainer and the value of her property if it has been damaged, destroyed or disposed of. Self help remedies like these used by this landlord invariably land the landlord in hot water.

1 Answer | Asked in Employment Law and Civil Litigation for Kentucky on
Q: What can I do to regain access to my phone from my parents?

I recently turned 18 and am completely financially dependent on my parents. My father bought me a phone about four years ago, has always paid the bill, and explicitly gave it to me. Shortly before my 18th birthday, my parents suspended my phone and continue to keep it from me, refusing to discuss... View More

Timothy Denison
Timothy Denison
answered on Mar 5, 2025

Not really, no, especially since you are dependent upon them for housing and transportation. Might be better to make peace and retrieve phone rather than start a war over it.

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Legal Malpractice for Kentucky on
Q: Opposing counsel signed for my attorney without proof: How to address?

I am concerned about a situation where opposing counsel drafted, notarized a final order and signed it for my attorney without apparent proof of permission or communication with my attorney. The judge signed this order within an hour of filing. Although there was a supposed verbal agreement, there... View More

Timothy Denison
Timothy Denison
answered on Mar 5, 2025

Find out whether your lawyer gave permission. If he or she did, no issue. If he or she did not, then file a motion with the Court and make them aware the order was signed without permission.

1 Answer | Asked in Real Estate Law, Contracts and Civil Litigation for Kentucky on
Q: Can I sue Clayton Homes for home order discrepancies and incurred expenses?

I purchased a home from Clayton Homes, and our bathroom was not the correct layout as ordered. The salesman admitted to the mistake, and I have documentation confirming this. Since September 2024, I've spent approximately $1,000 on supplies and over $1,200 on storage, as half of the home is... View More

Timothy Denison
Timothy Denison
answered on Mar 4, 2025

Yes. You can.

1 Answer | Asked in Probate, Civil Litigation and Gov & Administrative Law for Kentucky on
Q: How can I claim inheritance and address unauthorized transactions from my brother's Limestone Bank account in Kentucky as a non-resident?

I am a resident of Turkey and recently lost my brother, who lived in the United States. He has left behind money in an account with Limestone Bank. I am the next of kin, but I am not familiar with the process of claiming inheritance as a non-resident. Additionally, there have been unauthorized... View More

Timothy Denison
Timothy Denison
answered on Mar 3, 2025

Hire a lawyer in or near the city where your brother lived so he can flush out the details of the expenditures and still protect your interests at the same time.

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