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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
If someone files a complaint in fed court on a federal question 28 U.S.C. § 1331, do they have to meet the $75,000 in damages as in a diversity case? Or can the complainant ask for less?
answered on Aug 28, 2023
No, the amount in controversy requirement is for jurisdiction based on diversity, 28 U.S.C. 1332 (plaintiff and defendant from different states). Good luck
If someone files a complaint in fed court on a federal question 28 U.S.C. § 1331, do they have to meet the $75,000 in damages as in a diversity case? Or can the complainant ask for less?
answered on Aug 28, 2023
No. Federal question doesn’t require any amount. Diversity requires $75,000 in controversy.
In state circuit court a clerk refused to file my complaint with IFP in violation of statute and case law. That resulted in my case being dismissed. If I file a fed complaint, will I have to ask for monetary compensation for damages? Or can I ask for just a ruling on whether the clerk violated my... View More
answered on Aug 25, 2023
In federal court, you can ask for a declaratory judgment without asking for damages.
Kentucky? This is where i have lived for the past 4 months and have claimed permanent residence here. Just need some advice on my next steps. My name and new address is on the papers he served to ex-wife.
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answered on Aug 21, 2023
n Kentucky, if you've established permanent residence there for the past four months and your new address is included on the papers served to your ex-wife, it's possible that the service of legal documents might be considered valid. This could be due to substitute service, where documents... View More
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
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.
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
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.... View More
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.
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... View More
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.
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.
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