Kentucky Civil Litigation Legal Questions

The answer to both questions is yes (not necessarily taking the money out of the disability check automatically, but compellng some arrangement to make sure that the loan is paid), but that doesn't necessarily mean that you have an open and shut case.  It sounds to me that you were a surety for your daughter and her husband, and are entitled to be reimbursed by them for any payments you had to make.  However, a court might well hold that, as between the 3 of you, your son-in-law would only be responsible for half of the payment.  Also, if your daughter is now living in the house without your son-in-law, a court may think that she is the one getting the benefit of the loan, and shoudl be the one ultimately responsible for paying all of it.  These are issues that may best be worked out in a matrimonial proceeding between your daughter and son-in-law.... Read More

Candidly, you probably won't be able to get an attorney to take your case, not because you didn't go to the hospital (although that doesn't help) but because you have no damages, other than the price of the meal.  You don't claim any medical expenses, any time lost from work, any continuing need for medical treatment, etc.... Read More

You can contact the plantiff's lawyer, but I would strongly advise against it.  You have nothing to gain.  The chances that you will convince the other side to drop the suit are miniscule.  You'll only be giving them a head's up about your defense.  Work through your own lawyer.... Read More

It's not fraud unless you (or, in some cases, the Court) detrimentally relies on the false representation.  If I lie to you and tell you that the car I'm trying to sell you has only 10,000 miles on it, but you don't believe me nad don't buy the car, you have no civil claim against me for fraud, having suffered no damage from my lie.  Here, you're not relying on the misrepresentation because you know it's a lie.  However, it may constitute champerty - generally, lawyers are not allowed to purchase claims and pursue them - as well as other breaches of an attorneys' ethical responsibilities (e.g. to tell the truth to a Court.)  Moreover, if it is true that Capital One sold its claim to the law firm (frankly, I think the person you spoke to at Capital One made a mistake; more likely it just authorized the law firm to represent it in the case in exchange for a share of any recovery), than Capital One no longer has any right to sue you on the debt.  The case (assuming you can prove that Capital One sold its claim) should be dismissed for lack of standing, and the real owner of the claim would have to commence a new action.... Read More

Your son can sue these people for numerous civil torts, including assault, battery, and possibly intentional infliction of emotional distress.  He may be able to recover not only compensatory damages, but also punitive damages.  As a practical matter, however, given the circumstances you've described, it seems likely to me that these people will only have the ability to pay a small part of any judgment your son is awarded.  Some jurisdictions also have crime victim compensation programs; if yours is one which has such a program, it may provide your son with some compensation for his ordeal. Depending on the statute of limitations on your claims, your son may want to delay his suit until criminal proceedings on the wrongdoers have concluded.  If they are proven guilty or plead guilty, that finding would be conclusive against them in your son's civil suit (although your son would still have to prove damages, and possibly other elements, depending on what the defendants are found guilty of.)  If, however, they are found not guilty, it would not be binding on your son in the civil suit since it would only mean that they had not been proven guilty beyond a reasonable doubt, and the "reasonable doubt" standard does not apply to civil actions.  Your son would, in effect, get two bites of the apple.  Again, however, you have to make sure that you sue within the limitations period, and I don't know what that is in Kentucky.... Read More

I am not familiar with Kentucky law specifically, but in the jurisdictions in which I practice, delivery of a summons to a competent adult at the home of the person to be served is valid service (an added mailing may be necessary.)  Unless Kentucky law is different, delivery to your husband at your home can be good service.... Read More

I am not familiar with Kentucky law, but in the states in which I practice, there is no cause of action for "civil conspiracy".  The claim would be conspiracy to defraud, or conspiracy to defame, etc.  The statute of limitations would depend on what the underlying claim was - fraud, breach of contract, defamation, conversion, negligence, etc.... Read More

If by winning your case you mean that you were awarded a judgment, you must now follow the procedures for enforcing that judgment.  These procedures vary from state to state, but generally you are allowed to take discovery concerning what assets the judgment debtor has and to have monetary assets, up to the amount of the judgment, turned over to you or have non-monetary assets sold to pay the judgment.  At t his point, there is no purpose to taking the judgment debtor back to court, as you have already been awarded a judgment.  If the judgment debtor refuses to cooperate with your attempts to collect on the judgment, such as ignoring your subpoena to be deposed about his assets, you may have to seek the Court's help in getting him to cooperate, or perhaps be held in contempt of court if he doesn't follow a court order to cooperate.... Read More

The best suggestion I can give you is to contact an attorney who deals in special education issues. Unfortunately, these kinds of situations are fairly common, and the victim is often misclassified as part of the problem. You are not going to get a complete solution to this problem with a computer bulletin board. See an attorney.... Read More

Your brother could pursue a civil action against the driver; however, there he would need to be damaged enough to make it worth his time and energy.  Unless he can really set out damages other than just aggravation it is likely a claim not worth pursuing.  He can always go to the county attorney's office and file a criminal charge as well.... Read More

If he gets a civil judgment against you in court then yes he could garnish your wages.  He would first have to file the complaint, issue a summons and get your served with the summons and then actually get the court to enter a judgment.  So there are several "hoops" he would have to jump through and you may have a valid legal defense or at least be entitled to a set-off for the work you completed on his truck.... Read More