E. Brian Davis's Answers

When I was younger, I was a victim of medical malpractice which resulted in the issues of me having children, among other issues

The answer to your question is state specific. Some states give a person who turns 18 an additional period of time within which to file a complaint for medical negligence. The theory is that the person was not able to file while he or she was a minor, but once the person becomes an adult, the time period starts to run. In some cases, the time period is short, so you need to act quickly. Assuming the medical issue occurred in West Virginia, you should contact a West Virginia medical...

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Can I have the location of my civil trial moved to another state?

Has the case already been filed? If you filed the case and filed it in Tennessee, then you are likely stuck. If no case has been filed and you can prove what you have said, file it in your County's district court. You may need to have defendant served by serving the Secretary of State, alleging that defendant has sufficient contact with this state to be subject to jurisdiction here. You give the Secretary of State the best address you have for defendant and then he takes it from there....

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My bankruptcy was closed without a discharge , now what?

You will need to re-open the bankruptcy and file a certificate showing you completed the financial management counseling. Unfortunately, re-opening the case means paying another filing fee. Have you talked to the lawyer who filed the case originally? He should be able to help you. In fact, if it is his fault that you didn't file the certificate, that is, if he agrees with you about who is at fault, he should do the work for free and pay for the re-opening fee. That said, I wouldn't...

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I got in a car accident yesterday, what should I do next??

I suspect that the ER doctors just determined that there was not anything that needed emergency treatment. They are not set up to provide continuing care for on-going medical problems. So you need to be seen, as soon as possible, by your family doctor, or, if you do not presently have one, by a physician who can evaluate your longer term prognosis and, in particular, assess you for any so-called "soft tissue" injuries. Those injuries do not show up on the X-rays which may have been taken...

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KY debt collection laws, car repo, creditor trying to collect additional monies, what are debtor's rights against creditor

The short, and quick, answers to your two questions (from a Kentucky lawyer) are "yes" and "yes." There may be some defenses, as one of my colleagues suggests, but to analyze that would require more information than is available here.

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Can this girl be criminally charged and if so, what can I do to see that she is?

The County Attorney was the place to start. Given that the County Attorney's office has declined to prosecute, you could try to speak to the Commonwealth Attorney about submitting the case directly to the Grand Jury. You are likely to have a hard time persuading the Commonwealth Attorney, however, given that neither the police nor the County Attorney believe a criminal offense was committed. If for some reason you believe that the police and/or prosecutors are improperly biased against the...

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I am being charged with 4th degree assault (minor injury) and wonder how much time I may get for committing this crime?

If you have no criminal record and the only charge against you is 4th degree assault, it is unlikely that a Jefferson District Judge would send you to jail. You may well get some SUSPENDED (or conditionally discharged) time, but no time to serve. You may have to pay a fine and costs. There is a good change you will be ordered to Anger Management Counseling. While there are no absolute guaranties, I would not be too worried about actually going to jail over this. Of course, I only have...

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: I was issued a Subpoena to go to court as a witness in a domestic violence case, I am the victim, I do not want to go to court

You are under a court order to go to court. If you fail to appear without being excused ahead of time, you could find yourself being summoned into court to explain why you violated the order. The judge could even issue a warrant for your arrest. You need to appear in court and explain to the judge why you do not wish to proceed. Many times, the victim in a Domestic Violence case becomes reluctant to testify later, either because she changed her mind, or shouldn't have called the police...

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KY domestic violence order what consequences for either party if 1 or both violate seeking reconcilliation

Yes, it can be dropped, but judges and prosecutors are reluctant to do so. If you are sure that is how you wish to proceed, you will need to ask the court to set aside the order. A better option, and one used by many judges in Kentucky, is to ask the judge to amend the Order to make it "no unlawful contact." That means, that if there are any threats or violence, it will violate the amended order, but normal everyday routine contact is OK. Talk to someone in the County Attorney's office...

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Do I have any legal recourse for wrongful collection reported to credit agency

Under the Fair Credit Reporting Act, you must ask each credit bureau (in writing) to withdraw the false entry. You may also have a claim under the Fair Debt Collections Practices act and under relevant state law.

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