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Kentucky Civil Litigation Questions & Answers
1 Answer | Asked in Consumer Law, Civil Litigation and Contracts for Kentucky on
Q: If me and a lady made a deal if she got a car in her name I paid payment can I sue her for my lost money in the car

Me and a lady was dating my credit was not too good I needed a car so she put it in her name and I have been in poession of the car for over a year as well as made al payments and repairs and upgrades so can I sue her to get my money back since she took the car from me

Timothy Denison
Timothy Denison
answered on Sep 19, 2018

Yes. You can sue her to determine her rights, your rights, who gets the car and eho pays what.

1 Answer | Asked in Real Estate Law and Civil Litigation for Kentucky on
Q: I bought a mobile home from the lady end Shepherdsville Kentucky she told me she had the title but she dont

And come to find out she does not have the title to the mobile home so now I am stuck paying lot rent on a mobile home I cannot sell without the title I have contacted her multiple times with no success which I have moved back to Indiana due to my job change

Timothy Denison
Timothy Denison
answered on Sep 8, 2018

Most mobile homes are considered personal property and do not have titles. They are bought and sold with bills of sale.

3 Answers | Asked in Civil Litigation for Kentucky on
Q: Help we are being sued by our home buyer 18 months after closing for the entire price of the home.

We had some major water issues in our lower level in 2006 when Beargrass creek overran its banks due torrential rains and a tarp that was blocking the stream. We repaired the damage and installed a large sump pump and my husband improved the drainage from the house by installing PVC pipe from the... View More

Brent Cox
Brent Cox
answered on Sep 7, 2018

You need to hire an attorney as soon as possible. You may have defenses to this lawsuit which an attorney can present. Good luck!

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Kentucky on
Q: I financed a new heat pump amd was promised money back and they have not put it in yet

They told me I had to sign papers and call the loan place and they had to be here when I did and I had to tell the loan place that the job was done and it was done right and I was satisfied and they told me they would give me 1750 cash back and a 750 from the Recc electric company and its been... View More

Timothy Denison
Timothy Denison
answered on Aug 17, 2018

Print out all your proof and let a local attorney review it. You may have to sue them for breach of contract to collect.

1 Answer | Asked in Personal Injury, Car Accidents and Civil Litigation for Kentucky on
Q: How long do you have to file a lawsuit against the other driver in a car accident?
Adam Michael Russell
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answered on Aug 10, 2018

The answer is more complicated than it may seem. If you accident is in KY, and you have not rejected the provisions of Kentucky's Motor Vehicle Reparations Act ("MVRA"), then you usually have two years from the crash or two years from the date of the last PIP payment under the MVRA.... View More

1 Answer | Asked in Civil Litigation for Kentucky on
Q: How to I get a car back that was bought with my money on a joint account

I had my sons fathers taxes deposited for back child support but my ex is also on the bank account so he used my sons tax money from his dad to buy a car and refused to put my name on the title.i have proof that it was not his money that he used to buy that car so I was wondering what I should do... View More

Timothy Denison
Timothy Denison
answered on Jul 23, 2018

You will have to sue him in district court for the return of the $4500.

1 Answer | Asked in Contracts, Products Liability, Animal / Dog Law and Civil Litigation for Kentucky on
Q: In KY, but we sell pups here and to other states. Can't find KY lemon laws. What state's lemon laws have jurisdiction?

Trying to learn more about dog lemon laws. We breed in KY. We place pups in KY and other states. Two questions? 1.

Are there lemon laws in KY? Haven't found any to review. 2. What court/state has jurisdiction if we ever have a problem with a person in another state we have... View More

Timothy Denison
Timothy Denison
answered on Jul 23, 2018

There are no lemon laws in Kentucky regarding animals. Basic contract law controls. 2. Kentucky should have jurisdiction since you are here and the dogs are here. You can easily eliminate problem 2 by including in your sales contract that all disputes will be handled and resolved under Kentucky... View More

1 Answer | Asked in Criminal Law, Consumer Law and Civil Litigation for Kentucky on
Q: Can I sue or press charges against a mechanic who had my SUV 6 1/2 months plus $1600 and didn't fix it?

what kind of an attorney would I need? I want to talk to some one in person. We have texts. He will not produce any receipts for the money, we had it taken some where else and had it fixed. Cost $2050.

Timothy Denison
Timothy Denison
answered on Jul 21, 2018

Yes. Civil attorney.

1 Answer | Asked in Civil Litigation and Collections for Kentucky on
Q: How can I utilize my post judgement interrogatory from a small claims court defendant?

I won a small claims court case in KY but the defendant did not pay the court-ordered restitution. I eventually filed a post judgement interrogatory form to the defendant. After threatening a contempt action for not returning the court document, the defendant showed up to court, quickly filled... View More

Timothy Denison
Timothy Denison
answered on Jun 23, 2018

You can go to the clerk of court and have a garnishment or execution issued for property of the defendant which may achieve the goals you’re seeking. Because there are certain property exemptions available to Defendant, you may want to contact a local lawyer to help you with this step.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: In buying a used car, it died. Dealer said he would fix it. They took car and got it running, but a week it’s doing samr

Not even a week later it’s doing same thing. Now dealer is only willing to pay half of repairs. Blown head gasket. Is he responsible for all repairs since he said he would fix it

Timothy Denison
Timothy Denison
answered on Jun 20, 2018

The sales contract for the vehicle will determine the terms of who pays for the repairs.

1 Answer | Asked in Civil Litigation for Kentucky on
Q: How can I remove someone from my house? He is a roommate that does not pay rent or utilities. I am in Kentucky

This person has lived in my home off and on for 13 yrs. they pay nothing to live here. I’ve asked them to leave and they will not. What can I do to get him out?

Timothy Denison
Timothy Denison
answered on Jun 5, 2018

File an eviction in forcible detainer court.

1 Answer | Asked in Divorce, Real Estate Law, Civil Litigation and Domestic Violence for Kentucky on
Q: I had a epo filled on me by my wife I caught having and affair, went to first court hearing and they said it could turn

Into a DVo I never touched her she touched me the day before she filled for the epo, any way I could take it to trial, also we have a house together we bought it 2 years ago but had everything put in her name, she later said I was a renter, anyway I can get reimbursed for upgrades and stuff I made... View More

Timothy Denison
Timothy Denison
answered on May 31, 2018

The EPO/DVO is a separate and distinct action from a divorce action. All of the equitable issues you ask about will be raised and considered in the divorce action,not the EPO action.

1 Answer | Asked in Civil Litigation and Criminal Law for Kentucky on
Q: My husband had an affair, is there ANY laws that hold the other woman responsible for my STD testing, and or my therapy?

We are attempting reconciliation, and I feel that she should hold some form of responsibility as she was a willing partner. My lab bills were almost $300 and I see a therapist twice a month at $60 a visit.

Timothy Denison
Timothy Denison
answered on May 8, 2018

Unfortunately, no, unless you contracted an STD from your husband from her. While she may be morally responsible, she is not legally responsible unless you suffered an injury.

1 Answer | Asked in Civil Litigation and Civil Rights for Kentucky on
Q: I'm currently on probation and failed a drug test last October. I filed a petition to modify visitation and the

Court ordered me to submit a finger nail drug test. It showed positive obviously because of my October failure. Since October I've not failed a single test besides the fingernail. My PO in IL received a random fax from the county attorneys office with the results of that nail test and stating... View More

Timothy Denison
Timothy Denison
answered on May 4, 2018

No. Drug test results are not confidential to law enforcement and if you are on probation. She would have known about the test results by virtue of the courts ordering the finger nail testing in the divorce action.

1 Answer | Asked in Banking, Civil Litigation, Criminal Law and Consumer Law for Kentucky on
Q: Is a check that was agreed to be held that gets cashed by a business and returned as NSF a civil or criminal matter?

We wrote a check on march 9th at a car lot in Ky for a down payment that the manager agreed to hold until we got our tax refund. Their finance department wasnt told to hold the check and it went to the bank over that weekend and was subsequently returned as non sufficient funds, they were supposed... View More

Timothy Denison
Timothy Denison
answered on May 1, 2018

The Lexington attorney is correct. If they agreed to hold it ( knowing the funds weren’t there and wouldn’t be there until later), it is a civil matter as you cannot defraud one who accepts a check knowing that the funds are not contemporaneously there.

1 Answer | Asked in Criminal Law, Civil Litigation, Communications Law and Internet Law for Kentucky on
Q: Have a friend who dated a woman online, found out she’s married with two kids. She’s in Connecticut, he’s in Kentucky.

Is it possible he could get in trouble for telling her husband that she was in multiple relationships online on a phone app? Could my friend go to jail for coming clean to the husband of hers?

Timothy Denison
Timothy Denison
answered on Apr 29, 2018

No. The truth is a defense and the lesson is be careful who you associate with.

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Kentucky on
Q: I signed a contingency agreement for a Class Action, can I negotiate directly with the company being sued to resolve?

I signed a contingency agreement with a lawyer who is filing a Class Action suit against a large company. My complaint is similar but on a much larger scale of loss. I spoke to the company directly about my complaint and they said before I file a lawsuit, we can try to resolve the issues.... View More

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

You may be inbreach of the contract if you do. If you want to negotiate the contract yourself, you should terminate the lawyers services before attempting to negotiate directly with the company. The lawyer is entitled to be paid for whatever time he has in up to the point of termination.

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Kentucky on
Q: What is the latest date a party can submit a motion in limine?

A case is going to trial in less than three weeks, and one party filed many motions in limine after the judge's calendar deadline. Is this allowed under CR 16, and is there an argument to be made that the other party is trying to waste the replying parties time? Any case law or direction would... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 21, 2017

Why not ask your lawyer? Short answer is that you can respond that the motions are untimely filed, do not comply with the rules, and should be stricken. That being said be prepeared to respond to what the motions say as a judge may decide to consider them nonetheless.

1 Answer | Asked in Criminal Law, Civil Litigation and Wrongful Death for Kentucky on
Q: My brother was robbed an murdered an missing the man who killed him placed his body on his mom an dads farm.

I need to no if I can sue the mom an dad of a cival suit cause of them removing the bloodstained carpet were there son killed an shot my brother then made his body unidentifiable and removed all carpet in house an burned it an replaced it an then rented there house an I think they helped there son... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 9, 2017

It's up to the DA to prosecute. You can sue, but unless these folks have money that won't get you anywhere. You can't do more that agitate peacefully.

1 Answer | Asked in Civil Litigation, Contracts and Criminal Law for Kentucky on
Q: Can I sell a car to myself with PoA?

I live in KY and one of my friends left for India a couple of months ago and asked me to sell his car for him. To enable that, we enacted a Power of Attorney in my name. Now I myself am looking for a car and in discussion with my friend, he offered me to buy his. But since, he's not here in US... View More

Paul Stanko
Paul Stanko
answered on Sep 22, 2016

You should be able to sell it to yourself. One concern is that this would not be an "arm's length" transaction. You should document that your friend is satisfied that he is getting fair market value for the car. Pay him a fair price as purchaser.

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