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Kentucky Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation for Kentucky on
Q: Kentucky. In federal court. Do damages of over $75,000 have to be claimed if the complaint is not a diversity question?

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?

Timothy Denison
Timothy Denison
answered on Aug 28, 2023

No. Federal question doesn’t require any amount. Diversity requires $75,000 in controversy.

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2 Answers | Asked in Civil Litigation for Kentucky on
Q: Kentucky. In federal court. Do damages of over $75,000 have to be claimed if the complaint is not a diversity question?

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?

Tim Akpinar
Tim Akpinar
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

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1 Answer | Asked in Civil Litigation and Civil Rights for Kentucky on
Q: Kentucky. In federal district court can a Plaintiff seek a ruling without seeking money damages?

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

Timothy Denison
Timothy Denison
answered on Aug 25, 2023

In federal court, you can ask for a declaratory judgment without asking for damages.

1 Answer | Asked in Landlord - Tenant and Civil Litigation for Kentucky on
Q: My ex-wife got served papers from old landlord for damages done to the property. Does he need to physically serve me in

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.

T. Augustus Claus
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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

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 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 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.... View 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... View 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.

1 Answer | Asked in Bankruptcy and Civil Litigation for Kentucky on
Q: My brother sold his restaurant owes me half of the money hes claiming to want to file bankruptcy to avoid paying me ?

He has a clerk job he makes about $1400 clear a month after taxes He has also defaulted in a civil lawsuit

Nick Curtis Thompson
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Nick Curtis Thompson
answered on Aug 29, 2022

Your brother seems to qualify for filing bankruptcy. He makes very little income. There may be a problem for him in that if he sold the restaurant, there should be maybe money left over or money to be accounted for. There is also a requirement to keep records. He could make a gross income of... View More

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Kentucky on
Q: If you feed a stray dog in Kentucky are they considered yours ,leash law? Letcher county Kentucky
Timothy Denison
Timothy Denison
answered on Sep 16, 2023

No. They are not yours. Leash law has nothing to do with it.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Sexual Harassment for Kentucky on
Q: What to do about my boyfriend's ex downloading my minor daughter's photo and sending to my boyfriend using vulgar words?

This woman gets angry and harasses me and my children via third-party and recently downloaded my 16 yr old daughter's Facebook profile photo and sent to my boyfriend using vulgar profanity. Can I pursue legal action for sexualizing my minor child? She said she looked like a d*** s*****g, about... View More

Timothy Denison
Timothy Denison
answered on Jul 13, 2023

You can pursue legal action for harassment. The facts contained in Your description are sparse and more information is needed to determine what other charges might lie.

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Kentucky on
Q: My neighbor is constantly in and out of jail he has started threatening our family was arrested for 1 day what can we do

I have filled a police report with three witness statements shown video and they still let him out after a day! He’s a known meth head who says he has “health conditions” mine and my neighbors safety is at risk yet somehow after a day or two in jail he gets out. He also constantly beats on... View More

Timothy Denison
Timothy Denison
answered on Jul 10, 2023

Go to your county attorney and swear out a criminal complaint for him. That will get you into court to address his behavior.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: circuit court ky . judge signed and dated an order but didn't enter it. succeeding judge discovers the order and enter

the order. defendant objects. do the rules cover this? is there ky case law on point?

Timothy Denison
Timothy Denison
answered on Jun 26, 2023

Yes. The order is not effective until the clerk enters it after the second judge signed it.

1 Answer | Asked in Foreclosure, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: What does "the facts constituting the offense" mean and how detailed is it required to be?
Timothy Denison
Timothy Denison
answered on Jun 15, 2023

It means what you did to become charged with a crime. Each element of any offense must be proven beyond a reasonable doubt.

1 Answer | Asked in Criminal Law and Civil Litigation for Kentucky on
Q: My neighbor got into a verbal argument a week ago I did not and have not made any threat's against her and if I see her

Outside I do not speak to her she is going to file a civil restraining order on me will I have to move if she does this

Timothy Denison
Timothy Denison
answered on Jun 7, 2023

No. You and your neighbor will likely be ordered to mediate your dispute. You do not have to move.

3 Answers | Asked in Legal Malpractice, Personal Injury and Civil Litigation for Kentucky on
Q: Is it legal to put my assets in my girlfriends name if I anticipate being sued in the future?

This would include my biweekly paychecks, current bank account, car insurance, and vehicle. I have not been sued yet, but anticipate it happening in the next 3 years. Would it be legal for me to transfer all these assets, to get them out of my name, prior to any lawsuit being filed?

Brent Cox
Brent Cox
answered on Jun 2, 2023

This sounds like fraudulent conveyances. I believe you can be sued for doing this with the knowledge that you are likely to be sued. I would consult an attorney who can analyze all the facts of your particular situation.

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1 Answer | Asked in Civil Litigation for Kentucky on
Q: In KY can a tax buying business be liable for filing for closure before following the required statutes

I am an heir to property in Whitley County that was behind on taxes. A company bought the tax cert but did not notify us per KRS § 134.490 nor before bringing suit, 490 (1) and (2). They went straight to circuit court. I filed for dismissal for lack of jurisdiction because the plaintiff failed to... View More

Timothy Denison
Timothy Denison
answered on May 11, 2023

If they did not follow the statute, you may have a case for liability but your damages are pretty speculative at best. Probably would wind up spending more that you’d recover.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: A 17 year old girl attacked our 12 year old daughter and we filed an IPO against her, the girl now filed an IPO

Against our 17 year old son, what do we do from here?

Timothy Denison
Timothy Denison
answered on May 6, 2023

Hire a lawyer who will show that the petition against your son is retaliatory.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: Does the same laws /rules apply in kentucky as in Pennsylvania ?

Q: My grandma died of neglect in a Pennsylvania nursing home recently. A representative for the nursing home told us we would be wasting our time suing them, because any damages we won would just go to pay back Medicaid. Is this true? No that’s not true at all .The nursing home representative... View More

Timothy Denison
Timothy Denison
answered on Apr 23, 2023

You need to talk to your own independent lawyer and have them review her case. Don’t believe anything the nursing home or their reps tell you but listen to your own lawyer as to how to proceed.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: I own a small private family cemetery and no longer in use. Can the County road dept. place gravel on the pathway?

I own the farm with a general warranty deed with no reservations and the graves are located on it. If the county maintains the pathway (without my permission) can they place it on maps and call it a county road?

Timothy Denison
Timothy Denison
answered on Apr 19, 2023

Not unless they have an easement for the use of the property.

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