Lawyers, Answer Questions  & Get Points Log In
Kentucky Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Real Estate Law for Kentucky on
Q: Do KY listing Realtors have to disclose pending litigation that can affect the property in the future?

House is listed in HOA neighborhood; Hoa has pending lawsuit that homeowners will pay if case is lost. The listing agent was aware of litigation and did not disclose and let the seller check the box NO that there was litigation pending even though realtor knew litigation pending.

Timothy Denison
Timothy Denison
answered on Feb 6, 2023

Yes. That should have been disclosed rather than checking no if the realtor knew about the pending litigation.

1 Answer | Asked in Family Law, Civil Litigation and Domestic Violence for Kentucky on
Q: No charges we made, but lofty claims and some truth were stated. What’s the EPO process for married new parents?

Wife filed EPO, while I was at work. Spoke of past rage issues of mine where authorities were called and she left to take a breather and come back. Still no charges. She contacted me while I was in the hospital over the last week. But said I could not call back. Refered to me as her husband still.... Read more »

Timothy Denison
Timothy Denison
answered on Feb 6, 2023

Hire a divorce lawyer immediately and begin the process immediately.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: I need help to figure out why a sheriff was at my dad's trying to serve me. Court papers
Timothy Denison
Timothy Denison
answered on Jan 25, 2023

Call the sheriffs office and make arrangement to pick them up and find out.

1 Answer | Asked in Civil Litigation and Real Estate Law for Kentucky on
Q: I had a land contract paid it off however before it transferred they passed. How do I get the house and lot in my name

I bought the house and land from my grandparents. My grandpa passed in 2014 and my grandma in 2018. I paid it off in early 2018 right before my grandma got sick and passed. They have 3 children and two aren’t wanting to give me what I rightfully paid for. I have been threatened to be kicked out... Read more »

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

You’ll have to file suit to quiet title if they won’t transfer the property to you.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: Is their case law in Kentuckys circuit court concerning criminal charges that were expunged being put back on the record

Or any case law in higher courts

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

No. Once expunged, they are gone.

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Kentucky on
Q: Transfer venue to avoid a delayed trial

I filed 5motions. 1 contempt for interfering with child's therapeutic relationship. (parties ordered to comply with therapist recommendations. Mother refuses to do so and removed child from therapy)2 contempt for failing to produce child for scheduled visitation. ( Mother is letting child... Read more »

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

The facts as you set them out do not support a change of venue. There is a backlog of cases already in the jurisdiction you mentioned still waiting for adjudication. It takes a while to get a decision.

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Kentucky on
Q: This is a question of law, as it relates to child custody and tortious claims.

Does Kentucky recognize tortious interference with parental rights

as a cause of action and, if so, what elements constitute such a tort? If this is true, is the Restatement (Second) of Torts

§ 700 applicable to such a situation?

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

Yes. It is called custodial interference.

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Kentucky on
Q: This is a question of law, as it relates to child custody and tortious claims.

Does Kentucky recognize tortious interference with parental rights

as a cause of action and, if so, what elements constitute such a tort? If this is true, is the Restatement (Second) of Torts

§ 700 applicable to such a situation?

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

Yes. It’s called custodial interference and can give rise to both civil and criminal causes of action.

1 Answer | Asked in Civil Litigation and Personal Injury for Kentucky on
Q: Mental abused for personal & religious diet

I'm a non fish eating vegetarian for personal & religious reasons. A couple of places I've had to spend extended time at has known I'm a vegetarian for personal &religious reasons from day one . They have repeatedly given me food cooked with meat and gave me pork on many... Read more »

Timothy Denison
Timothy Denison
answered on Jan 16, 2023

Legally, nothing. Practically, eat somewhere else that has vegan food. No establishment is obligated to provide a special menu for you.

1 Answer | Asked in Banking, Civil Litigation and Consumer Law for Kentucky on
Q: Can a credit Union charge your card without permission and then close your card in a middle of a credit card dispute.

I notice a charge on my Credit card from a insurance agent for disability. There was a over payment and they charge my credit card without my authority...

Timothy Denison
Timothy Denison
answered on Jan 4, 2023

The Union usually has a set off provision in their cardholder agreement which allows them to set off any monies in your account to the extent their debt is paid.

1 Answer | Asked in Car Accidents, Civil Litigation and Personal Injury for Kentucky on
Q: If I have a basketball goal sitting in our grass by the road and someone driving by hits it is it our fault?

When he hit it he diddnt stop at first and the goal was hooked to his van and when he dragged it he also hit our mailbox with it but now he is saying it's our fault for the goal being that close to road and he isn't paying for it

Timothy Denison
Timothy Denison
answered on Jan 2, 2023

No. It is the drivers fault. Report it as a hit and run.

1 Answer | Asked in Civil Litigation and Social Security for Kentucky on
Q: Can a public school bus driver take photos of my driver’s license and social security card on their personal iPhone?

The bus driver gave me no reason as to why they needed either of my identification when I kept asking. They wouldn’t delete my information from their personal iPhone after I asked several times. A school receptionist asked the bus driver to delete the photos, which the bus driver eventually did... Read more »

Timothy Denison
Timothy Denison
answered on Dec 8, 2022

Yes, if you voluntarily gave them the identification. Otherwise, no.

1 Answer | Asked in Personal Injury and Civil Litigation for Kentucky on
Q: I was wondering, can someone sue a party, even if they put themselves in a situation where injury could occur?

I was watching some videos and was curious if person A could sue person B even if person A put themselves in a situation that they knew could possibly put them at risk of injury.

Tim Akpinar
Tim Akpinar
answered on Nov 20, 2022

A Kentucky attorney could advise best, but your question remains open for two weeks. It sounds like you are talking about the legal defense known as "assumption of risk." It depends on the particular circumstances. On cases where the defense is raised, the conditions can be fact-specific. Good luck

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Kentucky on
Q: Can a trailer be sold over half the marketing value ?

The trailer is valued at $11,000 and it is being sold for $20,000. $4,000 has done been paid towards the $20,000 but just now discovering the property only values at $11,000 can I get the price reduced is this even legal?

Timothy Denison
Timothy Denison
answered on Nov 7, 2022

It is legal and you don’t have to buy the trailer at all.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: MOTORCYCLES WERE DETAILED AND STORED AT MY BUSINESS AND I WAS NEVER PAID STORAGE. STATE OF KY. WHAT ARE MY OPTIONS ?

I DETAILED BIKES AND STORED THEM UNTIL THEY WERE SOLD AND NEVER RECEIVED PAYMENT. NOW THAT I AM DEMANDING PAYMENT HE WANTS TO REMOVE HIS OTHER BIKES FROM MY SHOP THAT HAVE BEEN HERE 7MONTHS

Timothy Denison
Timothy Denison
answered on Nov 4, 2022

You have a mechanics lien for payment on all bikes stored with you and you do not have to release them to the owner until you are paid in full.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: In KY can a Circuit Court Clerk’s surety bond issuer be sued for her negligence in filing a case?

On 12/27/21 I sent an administrative appeal with an in forma pauperis (IFP) to the Franklin Circuit Court. The filing deadline was 1/10/22. The clerk received and signed for the filing on 1/3/22. Per CR. 5.05 any filing accompanied by an IFP is to be considered filed when it received by the clerk.... Read more »

Timothy Denison
Timothy Denison
answered on Nov 1, 2022

You might want to consider asking the Franklin circuit court to reinstate the case given the facts above. It seems clear your appeal would have been timely filed but for the clerical delay. The tiles provide for the court to consider such requests and act on them.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: Kentucky Civil Court. On appeal from district court after remand does case get a different case number?

On appeal from the Laurel District Court my friend's lawyer erroneously filed a writ of mandamus under the circuit appeal case no. The circuit court remanded it back to district which affirmed its first order. He filed another notice and statement of appeal, but it has not been given a case... Read more »

Timothy Denison
Timothy Denison
answered on Nov 1, 2022

A case is given one case number at each level of court it reaches (District, Circuit, KCA, KSC). That number never changes no matter how many times the case is in (or back in) that court.

2 Answers | Asked in Contracts, Civil Litigation and Collections for Kentucky on
Q: I need help getting $10,000 back from a contractor who is not showing up and is ghosting me.

The fence guy did 4 days of work over the last 2 months. Has not responded to calls or texts the last week. Has his house, tractor, truck and other items now listed for sale. His tractor is sitting on my property. What are my options to get my money back?

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 7, 2022

You should see an attorney first thing Monday morning; a lawsuit may be your only avenue.

View More Answers

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for Kentucky on
Q: If I saw someone breaking into my car, would I be legally liable for shooting them with a non-lethal paintball gun?

Hello, my neighborhood has had an issue with car theft. The previous tenant in my home had his car stolen, the perpetrator was caught on camera, and the police never pursued the offense. This has happened several more times in my neighborhood since I've lived here, and the police never do... Read more »

Timothy Denison
Timothy Denison
answered on Oct 7, 2022

Most likely not as long as it is non deadly force.

1 Answer | Asked in Business Formation and Civil Litigation for Kentucky on
Q: I inquired about my potential case and the paralegal said she'd give my information to the attorneys and she'll call me

I call again because i haven't heard back and I had additional information to give and again she said she'd call me. This 8-24-2022

Timothy Denison
Timothy Denison
answered on Sep 16, 2022

Call and schedule an in person appointment with your lawyer to discuss the case and get an update.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.