Legal Question in Civil Litigation in Kentucky

Grounds for Dismissal of Civil Suit

I have a former girlfriend who has been blackmailing me for over a year. We incurred many bills while together. I filed bankruptcy several months ago, and she is demanding that I pay the bills anyway, or she will file a civil suit claiming that I sexually abused her daughter. I have made over an hour's worth of telephone recordings where she says that she will never file any charges or take any action if I pay certain bills (aggregate amount of $8K+). I am innocent and I want to know what the best course of action is. Since the bankruptcy I have lost my job, and my new job pays about 50% of what my old job payed. I can not afford to pay any of these bills anymore, and expect her to file a civil suit any day now. Is it probable that her suit would be dismissed by the court, or dropped by her attorney, if I presented clear evidence that she is only doing this to get money from me? Generally, is it better to have a bench or a jury trial? Also, her daughter falsely accused her own father of sexual abuse several years ago while at a RTC, and later admitted it was a lie. Are these records able to be subpoena'd by the court or my attorney? Thanks!


Asked on 10/16/02, 2:42 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Grounds for Dismissal of Civil Suit

Your question and surrounding facts raise too many complicated issues to be dealt with in this forum. Was she jointly responsible for the debts? If her responsibility and yours to her in some instances, were not dealt with in bankruptcy, then she may be able to sue you if she has to pay your portion of the debts. The sexual abuse threat can be reported to the police and I advise you to do so in order to establish a contact. Seek the advice of your bankruptcy attorney. Most records, if relevant, can be obtained by you through your attorney in presenting a civil case. The Court will do nothing for you and I do not mean that in a derogatory way. The parties must work up their own case. The Court is only the forum in which you present it. Seek a local attorney. This is usually very reasonable.

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Answered on 10/16/02, 3:52 pm


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