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Kentucky Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Kentucky on
Q: Kentucky. Does a Plaintiff have to identify a Defendant by their first and last name in a civil suit?

Someone at my address received a civil summons in District Court. But the Defendant’s first name is only one letter. For example, J. Doe. More than one person living here has a first name beginning with the letter. None of us have a legal first name with only one letter. None of us recall any... View More

Timothy Denison
Timothy Denison
answered on Mar 8, 2024

The Defendant should be identified by first and last name. The density may be able to be fully developed through discovery as the case proceeds.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: In the state of Kentucky, how long does a judge have to make a ruling on a civil case?

I lived in an apartment building where the sprinklers randomly went off. My neighbor below me sued for fire damages. (even though there was no fire). I cleaned up the water in my apartment and dried everything off while he left his apartment to soak for almost a week leaving the landlord to dry his... View More

Timothy Denison
Timothy Denison
answered on Feb 24, 2024

Theoretically, rulings are supposed to come down 60 days after the filing of an AOC-280 form, although practically speaking, they can and do take as much time as they like.

1 Answer | Asked in Business Law, Civil Litigation and Collections for Kentucky on
Q: someone is trying to sue my business, but has the business name incorrect. Does this affect anything?

A person is claiming that my business owes them money after equipment was purchased. There was no written agreement and they deposited the check, but are now trying to change the verbal agreement. They have since sent a certified complaint to the local civil court. The certified complaint does... View More

Timothy Denison
Timothy Denison
answered on Jan 27, 2024

Raise the incorrect name as a defense in your answer to the complaint.

1 Answer | Asked in Business Law and Civil Litigation for Kentucky on
Q: What happens if someone is trying to sue a business with the incorrect business name?

Someone sent a certified complaint to the local circuit court. The complaint has my business name wrong.

Timothy Denison
Timothy Denison
answered on Jan 26, 2024

When you answer, you should raise the defense of improper entity.

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Kentucky on
Q: What gives an attorney the right to have you removed from courthouse after appointment of administration of mother's est

Hearing?he is clearly representing my brother not estate,as brothers wife cleans his house.told me get my info from courthouse and I could go to hell .

Timothy Denison
Timothy Denison
answered on Jan 13, 2024

More facts are needed to properly answer this question.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: Hello I am writing to ask if I have grounds for a case I was hired and never paid my wages.
Timothy Denison
Timothy Denison
answered on Jan 8, 2024

Possibly. You should report it to the Ky Labor Board and file a complaint with them.

1 Answer | Asked in Contracts, Business Law and Civil Litigation for Kentucky on
Q: I purchased a new car from a dealership that offered free oil changes for as long as I owned the car.

The dealership sold to another dealership who continued the free oil changes for 8 years but have advised that they will no longer honor the contract. Do I have a claim for breach of contract?

Timothy Denison
Timothy Denison
answered on Nov 16, 2023

Yes. You do.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Kentucky on
Q: Absentee bid form a contract?

I left an absentee bid with a auction company. I texted him, (owner of the company) my max bid (5600.00), a picture of the item, and a picture of my driver license. He said he would take care of getting me registered and bid on my behalf. After a couple of days of not hearing from him. I called... View More

Timothy Denison
Timothy Denison
answered on Nov 8, 2023

You can sue him but honestly, it will probably be more frustrating and aggravating than to just let it go.

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.

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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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 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.

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