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Kentucky Civil Litigation Questions & Answers
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.... View 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... View 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... View 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... View 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 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... View More

Timothy Denison
Timothy Denison
answered on Dec 8, 2022

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

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.

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.

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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... View 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.

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
PREMIUM
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 Civil Litigation for Kentucky on
Q: Bought "she shed" from lady. Have receipt stating paid, & shed is paid for,not financed.It was repoed. What can I do

I bought a "she shed" from girl. Got receipt stating I paid her & she didn't owe on it. Just found out She's filed bankruptcy, finance co came and repoed it. She says she don't have my money to return to me. Paid $6000 cash for it. What can/should I do? Ty

Timothy Denison
Timothy Denison
answered on Aug 17, 2022

Hire a bankruptcy lawyer to represent you snd file an adversarial proceeding against her for defrauding you.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: What can/should I do? Bought sheshed off marketplace, paid seller in full. She msg today, said shed repoed by finance co

What can/should I do? Bought shed off marketplace, paid seller in full. She msg today, said it shed was repoed. Refuses to give My $6000 back. When I purchased it, seller wrote out a bill of sale, stating I paid her cash in full plus she didn't owe on building and it wasn't financed. Come... View More

Timothy Denison
Timothy Denison
answered on Aug 17, 2022

You’ll need a bankruptcy lawyer to help you file an adversary proceeding against her for fraud within her bankruptcy case so as to prove your claim.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Domestic Violence for Kentucky on
Q: Can I file harrassment charges after 2 epos we're filed on me , both dissmissed for lack of evidence ?

The petitioner and I were never in a relationship. In court

he accused me of being the reason he nearly lost custody of his son, and for him being kicked out of his residence claiming I got his girlfriend to kick him out . It wasn't until after the first case that I found out his ex... View More

Timothy Denison
Timothy Denison
answered on Jul 30, 2022

You can file a complaint for harassment at your local county attorneys office in the county in which you reside.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: What does a letter mean from the district court says “It is hereby ordered that the motion for judgment is hereby

Remanded from the courts docket for lack of service”?

Timothy Denison
Timothy Denison
answered on Jul 26, 2022

It means the case is taken off the docket bc the party being sued has not been served with the summons and complaint or petition.

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