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Kentucky Contracts Questions & Answers
1 Answer | Asked in Contracts and Consumer Law for Kentucky on
Q: Can someone give you power of attorney over a vehicle is that legal
Timothy Denison
Timothy Denison
answered on Apr 17, 2018

Yes. They can give you a written limited or general power of attorney for you to deal with a vehicle on their behalf.

1 Answer | Asked in Consumer Law and Contracts for Kentucky on
Q: I hired a software company in Colorado to build a new website. I've paid them over$9,000.00, and still no website.

The contract I signed said no refunds, however, they can't finish our site because of the way our business operates, which they should have noticed in January if they had listened to us or at least gone over our current site.

In August 2017 they told us we must change our business... View More

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

You need to hire a lawyer and file suit. You may have a consumer fraud claim against the website people.

1 Answer | Asked in Contracts for Kentucky on
Q: I had a verbal agreement that someone would pay me back for a 3000 dollar car I bought them. Is it enforceable

I had a verbal agreement that someone would pay me back for a 3000 dollar car I bought them. Is it enforceable

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

Yes. It is an oral contract and should be enforceable.

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 Contracts, Criminal Law, Appeals / Appellate Law and Civil Rights for Kentucky on
Q: Does a search warrant have to have receipt and return numbers on them like date filed and returned time and date?

How can I get a copy of the application that requested a warrant to be sealed?

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

Yes. There is an inventory of items seized that the officer fills out. You should hire an attorney to make a motion seeking to unseal the search warrant and affidavit. At some point, it will likely be unsealed.

1 Answer | Asked in Contracts and Employment Law for Kentucky on
Q: 3 month contract says I cant have another job during my final notice.

I live in Kentucky and have a contract that says i have to give a 3 month notice before quitting. It also says that i can not get another job in the same field during that same 3 months period. Is this enforceable? Money will get real tight towards the end of my notice period as i am paid on... View More

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

It probably is enforceable. If the contract does not preclude you getting another job before you give notice, then you should first acquire the new job and thereafter give your 90 day notice.

1 Answer | Asked in Contracts for Kentucky on
Q: I plumbed and installed sinks in a business and they refuse to pay. How do I file a lien on the equipment I installed
Timothy Denison
Timothy Denison
answered on Apr 17, 2018

You go to the statute on mechanics liens, prepare a Notice with all the required info, then send a copy to the debtor and File the original at the county clerks office in the county where the debtor lives.

1 Answer | Asked in Business Law, Contracts and Bankruptcy for Kentucky on
Q: If a business goes bankrupt, is there still something you can do seven years later?

We out grew our old church and built a new one 7 years ago. The primary contractor went bankrupt while building our church. It cost $3 million dollars; however, it is definitely not a $3 million dollar job! We have had MANY problems because of "shotty" work, lesser quality materials,... View More

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

If you were listed as a creditor in the bankruptcy seven years ago the contractor was discharged, your opportunities died with the discharge. If you were not listed as a creditor, then you may take action against him.

1 Answer | Asked in Contracts and Domestic Violence for Kentucky on
Q: I NEED to get OUT of this so called contract i was pretty much forced to sign!

Ive been in an abusive relationship with this man for two months, and HE had choosen to pay for hotel rooms never did he tell me to pay or expect me too.. but now he made me sign the contract saying im going to pay him pretty much 600 (my tax money this year) that i "owe" him . He has... View More

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

If you were forced to sign the contract under duress, it probably won’t be enforceable in court. Also, unless you received some consideration (benefit) for signing this contract, it is pretty much unenforceable for failure of consideration.

1 Answer | Asked in Contracts and Business Law for Kentucky on
Q: A friend and I opened a company with 50-50 owner ship.

He is trying to force me out of the company. He is also saying I have to pay taxes on half of the money the company made but I was never paid that money. So what should I legally do to keep this from happening

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

You’re going to have to hire a lawyer to protect you. If the business is a sole proprietorship, the taxes should be paid by the sp before any profits are distributed. If there is a deficit, you each owe 1/2 the deficit. If it is a Partnership or corporation, similarly, the p or c should pay... View More

1 Answer | Asked in Business Law, Contracts and Tax Law for Kentucky on
Q: Why can my LLC’s liquor/beer License be revoked due to unpaid state taxes by LLC I bought the business from?

I was never made aware of the previous owners delinquent state sales taxes prior to my purchase. And the state of Kentucky even approved and took full payment for my Transitional Liquor License Application. Only then was I informed of the previous owners delinquent sales tax status. If previous... View More

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

Liquor licenses are a highly regulated area by government. When you purchased the LLC you should have been made aware of the back taxes owed. You probably have a cause of action against the sellers for failing to disclose that information.

1 Answer | Asked in Business Formation and Contracts for Kentucky on
Q: Business agreement question

I loaned a used car dealer in KY 100k for a 2 yr investment. He is supposed to pay me 40% of the profit he makes with my money every 3 mo. Agreement is a 1-page document that has been signed by both parties and notarized by a public notary. Agreement states that "dealer should give me my 100k... View More

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

If you don’t renew in 2020, send him a demand letter for the 100k. If he doesn’t pay, you may have to file suit to collect your loan.

1 Answer | Asked in Contracts for Kentucky on
Q: Why do I have to contract with the DMV to travel
Timothy Denison
Timothy Denison
answered on Apr 17, 2018

I am not aware of any situation that requires you to contract with the DMV.

1 Answer | Asked in Contracts for Kentucky on
Q: I bought a AMP Security System. Two weeks later THEY disconnected the System.

The contract associated with this account was not finalized as the salesperson missed a place on the agreement to get my initials. Thats why they disconnected my system. They sent another contract with highlighted places for my initials and said they would then reconnect the system. In those two... View More

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

If you don’t sign the contract and they’ve sent it to collections, you my have a wrongful collection action it a claim under the Consumer Fraud Protection Act. Consult a lawyer immediately. They can untangle you from this contract.

1 Answer | Asked in Bankruptcy, Contracts and Divorce for Kentucky on
Q: How can I get a copy of a land contract that isn't filed from some one who won't give it to me?

I need a copy of a land contract my name is on for bankruptcy. My ex-wife and the land owners are family and will not give me a copy.

Timothy Denison
Timothy Denison
answered on Apr 17, 2018

File your bankruptcy and then drop s subpoena on them to appear at the creditors meeting and produce a copy of the land contract.

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Collections for Kentucky on
Q: Bankruptcy or credit card question. Can I be arrested for not paying creditors?

Disabled senior citizen can't pay off credit card debt and need to file bankruptcy. I was told because I receive SSI, have no savings or checking account, own no property, no life insurance, on fixed income there would be no need to file bankruptcy. I closed accounts and destroyed credit... View More

David Earl Phillips
David Earl Phillips
answered on Feb 19, 2018

There is no debtor's prison. If there was, over 50% of Americans would be in jail. You may very well be judgment proof and not need a bankruptcy filing. It would still not hurt to talk with a bankruptcy near you to get an opinion and to see all of your options. Most lawyers offer a free... View More

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.

1 Answer | Asked in Contracts for Kentucky on
Q: If an offer, an understanding and an acceptance of offer are present in an email would it be a binding contract in Ohio

I was approached via email by a company rep. and he asked if I could put his ad in my direct mail publication and if so, what would the cost be. I provided him with the information and he accepted the offer of 6 months and I provided the service by publishing his ad in the October mailer. Now... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 9, 2015

If the statute of frauds in your state require a writing for enforcement of a contract, an email would generally qualify as such writing. If the writing has to be signed, that might possibly constitute a closer question. But there are also laws in most states, as well as a federal statute, which... View More

1 Answer | Asked in Contracts for Kentucky on
Q: I have been babysitting for my neighbor, he told me he would pay me 300 dollars for 3 weeks.

I had him for 9 and a half days . I talked to him Wednesday and he confirmed that he will still pay me the 300 dollars. Now he's telling me that that's to much that he didn't think it was fair. What should I do?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 28, 2015

Sue him in small claims court. You should know, however, that if you get a judgment you will still have to collect it to get your money and that might be difficult. Do you know where your neighbor works? Because levying upon a judgment debtor's employer is often the best way to collect a... View More

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