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Kentucky Civil Litigation Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Kentucky on
Q: When a court order violates UCCjEA

Court A already made the initial Custody determination. Court B refuses to give full faith a credit to existing judgement. Retains case from court A for two yrs. Court A is as circuit court. Court B us a district Court. UCCjEA requires communication, full faith and credit and priority to child... Read more »

Timothy Denison
Timothy Denison answered on Nov 25, 2020

The Circuit Court should retain jurisdiction.

1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Kentucky on
Q: On July 7th 2020 I went to a local car dealership and traded in my vehicle which I was told to get $1,500 for trade.

I traded in my vehicle which was told to get $1,500 towards purchasing my new car plus I made a down payment of $700 I signed a few papers I gave them the keys to my car I was trading in bring my credit card. The salesman even took a picture of me in front of the car with the keys. Yesterday my... Read more »

Timothy Denison
Timothy Denison answered on Nov 18, 2020

You need to hire a lawyer to file suit against everyone for your car and deposit.

1 Answer | Asked in Consumer Law and Civil Litigation for Kentucky on
Q: Counter sue?? I like the sounds of that!!! What are my grounds?

In response to “You need to hire an attorney.....” answer to my question involving summons 6.5 years later

Timothy Denison
Timothy Denison answered on Oct 31, 2020

Your causes of action are fraud and conversion.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: A buy here/pay here lot is trying to sue me for a vehicle I returned 6.5 years after it had been resold several times

I returned the vehicle when my job required more travel and I couldn’t afford the gas any longer, bought a better vehicle somewhere else. The returned vehicle has been resold several different times and now I got a summons for a unexplainable amount that I still owe 6.5 years later.

Timothy Denison
Timothy Denison answered on Oct 26, 2020

You need to hire a lawyer and light the car lot up. They invariably do underhanded things such as what you describe.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: Wrote a book about me being in prison does it break the son of sam law

A publisher wants to publish it

Timothy Denison
Timothy Denison answered on Oct 24, 2020

Someone would have to read the book to answer your question.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: In Kentucky can you be sued by creditor before the debt is charged off?
Timothy Denison
Timothy Denison answered on Oct 22, 2020

Yes. You can be sued anytime.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Kentucky on
Q: In his broad discretion, can a judge relinquish venue under forum inconvenience if the plaintiff waived right to venue.

Plantiff fails to object to venue in preliminary custody matters 3yrs after moving to Oldham county. Participates in further proceedings in decree county. Jefferson county. Until filing motions in (oldham) county of residence and winning temporary order. Files petition for custody in county of... Read more »

Timothy Denison
Timothy Denison answered on Oct 7, 2020

Yes, the judge has discretion to relinquish venue. However, under the Uniform Chid Custody Jurisdiction Act, the judges of the two possible forums are required to converse and make a decision as to where jurisdiction and venue is appropriate and who will be exercising both to hear the case.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: Is an email harrassing communications when it was sent on a public site not private? I sent 3 emails to a public entity

I sent 3 emails to a public entity about one of their employees drug use. I did not try to hide the fact i sent them. The person who i sent them about has filed harrassing communications against me. I thought i was doing a public service as this person handles food but now i have to go to court... Read more »

Timothy Denison
Timothy Denison answered on Sep 26, 2020

Doubtful but you have to go to court anyway. Depending on what you said in your emails, it could be defamation.

1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for Kentucky on
Q: Child attempted suicide after notifying multiple counselors and social workers of his intent. Was it a near fatality?

When my husband was 16 and was dealing with a very chaotic family life which caused his severe depression, his caregiver put him in a mental hospital where he was told to notify staff of any suicidal thoughts. Prior to and on the day of the discharge, he repeatedly told the staff that he... Read more »

Timothy Denison
Timothy Denison answered on Sep 21, 2020

The statute of limitations is one year from date of incident. Statute has long since run.

1 Answer | Asked in Adoption and Civil Litigation for Kentucky on
Q: I have 3 past drug charges and Dec 31st of 2018. My 2 children were placed in the care of family. Do I have the right to

To see my children. I haven't talked or seen them for a year. My daughter doesn't know me. She was only 10mosand my son is now 5yrs. PLEASE in Jesus Name, HELP me. I'm so sorry and ashamed of the hurt I have caused, over drugs. I want a chance to provide the love and life with me my... Read more »

Timothy Denison
Timothy Denison answered on Sep 7, 2020

You should, yes. File a motion for a graduated parenting schedule. As long as you remain clean and sober, there shouldn’t be a problem with you parenting the children, although you may have to jump through some proof hoops to prove your sobriety.

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Libel & Slander for Kentucky on
Q: 17yo stepdaughter ran away. CPS is involved due to false allegations-but at this point is still only under investigation

She turns 18 in March. Can husband emancipate her? Will this stop the CPS investigation? A judge sent her with her grandma to stay until investigation is complete but the judge never submitted any orders stating this. Husband is still responsible for his daughter. Grandma can't control her.... Read more »

Timothy Denison
Timothy Denison answered on Aug 30, 2020

Do not agree to the substantiation. Both parents need lawsuits. Lawyer will be able to assist in emancipation.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: CAN I TAKE MY EX HUSBAND BACK IN FRONT OF A JUDGE FOR FALSE INFORMATION

HE GAVE FALSE INFORMATION AND I WAS MISREPRESENTED

Timothy Denison
Timothy Denison answered on Aug 30, 2020

Yes.

1 Answer | Asked in Civil Litigation, Small Claims, Family Law and Civil Rights for Kentucky on
Q: Can my mother in law sue me for slander when my toddler accused her of touches his private parts?

All I did was confront her and took him to go get looked at by a doctor. Didn't say she did it or anything, just asked her why he would be saying things like that. They live in Wisconsin and we live in Kentucky

Timothy Denison
Timothy Denison answered on Aug 11, 2020

No. You took the appropriate action.

1 Answer | Asked in Criminal Law, Civil Litigation, Federal Crimes and Gov & Administrative Law for Kentucky on
Q: So when a family loses a loved one & police/coroner rule the death accidental but it was 1st degree murder. What to do?
Timothy Denison
Timothy Denison answered on Aug 1, 2020

Involve a private investigator and victims rights groups and try to prove otherwise.

1 Answer | Asked in Child Custody, Criminal Law and Civil Litigation for Kentucky on
Q: My daughter and her ex boyfriend have a child together.

They have joint custody and she lives with him and his new wife. They have a custody agreement filed in court with visitations spelled out. He isn't adhering to the visitations and she spends time with her mother once every month and a half for 2 days. Now I find out that he is threatening my... Read more »

Timothy Denison
Timothy Denison answered on Jul 23, 2020

Yes. They are public record. Hire a family attorney and make a motion to hold him in contempt of court.

1 Answer | Asked in Contracts and Civil Litigation for Kentucky on
Q: What kind of lawyer should I contact?

A friend of mine stole some things from me and accused me of the police. I explained to them what really happened and I reported her for stealing my stuff which has a total value of 600 dollars and she also owes me another 60. A police officer told me to press charges against her for defamation and... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 18, 2020

A Kentucky attorney could advise best, but your question remains open for three weeks. There are lawyers who handle defamation matters. It doesn't involve pressing charges; it's a civil law cause of action for damage to one's reputation. But keep in mind that defamation cases are not... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Civil Litigation for Kentucky on
Q: Accepted a no restitution plea deal, but at sentencing the judge changed it. Is that allowed

Dui/ passenger injured. Accepted a 2nd degree assault but misdemeanor dui.

Timothy Denison
Timothy Denison answered on Jul 1, 2020

Yes. The judge has the authority to add any conditions he deems appropriate.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: Where do I file for small claims court?

Freedom Mortgage Company failed to pay my property taxes last year even though I have VA loan and escrow. Amount goes up monthly and they are ignoring my requests for resolution. They have an office in Lexington, Ky. I live in Oak Grove, Ky. Do I file at the nearest court to Lexington or can I file... Read more »

Timothy Denison
Timothy Denison answered on Jun 16, 2020

You cannot file that in small claims. You must file in circuit court, preferably In the county in which you reside.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: Ex-roommate decided against my will that we would break our lease early and is now requesting I pay half of fees

I have paid the lease breaking fees ($2,000) and it’s been months but now they are contacting me threatening to take me to small claims court over some sort of damage fees that I was unaware of. Seeing as I had no part in the decision to break the lease and my ex-roommate is the primary on the... Read more »

Timothy Denison
Timothy Denison answered on May 24, 2020

You and the roommate are jointly and severally liable for damages under the lease, although the damages should have been identified in a walk through when the apartment was vacated.

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