kentucky cities how to appoint a city attorney

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Full Answer

Who is the city attorney?

The city attorney is appointed by the Board of Commissioners and provides legal counsel and representation to the board, city manager, assistant city manager, departments of city government, and city-appointed boards and commissions.

Does the City Attorney provide legal advice?

The City Attorney’s Office does not provide legal advice about personal or private problems of citizens, but can answer questions related to city activities, including interpretation of the City Code.

How to serve a summons in Kentucky?

However, if such service fails, the statutes allow for service to be completed by mailing the summons and complaint by certified mail to any officer or managing agent at the corporation or partnership’s principal office. Service is deemed complete on the earliest of 1) the date the mail was received by the corporation or partnership; 2) the date shown on the return receipt; or 3) five days after its deposit with the U.S. Mail.

What is the service of process in Kentucky?

Kentucky’s rules governing service of process in civil actions are unique and potentially burdensome to plaintiffs. Whatever method of service is chosen is fraught with risks of delay and noncompliance, whether through personal service, service on corporations, or constructive service through warning order attorneys.

How long does a warning order attorney have to file a complaint?

A warning order attorney is appointed after the plaintiff executes an affidavit making the request. The warning order attorney then has 50 days to attempt to locate and inform the party of the pending lawsuit and file a report setting forth the steps taken to notify the party, whether the notification was successful, and whether there are any defenses available. Service is deemed complete 30 days after entry of the warning order attorney. However, no judgment may be sought until the report of the warning order attorney is filed with the court.

What happens if a warning order attorney fails to take the steps required by the civil rules?

If the warning order attorney fails to take the steps required by the civil rules, another warning order attorney must be appointed and the service clock starts anew. Second, as to resident businesses, service must be obtained on the registered agent.

What is a warning order attorney?

A warning order attorney does not represent the party in any capacity unless that party requests representation and the warning order attorney agrees.

Can a person serve a person in Kentucky?

A competent, adult individual resident of Kentucky must be served personally, either via certified mail, return receipt requested or by a person authorized to serve them. The county sheriff typically does this, though in some circumstances, the appointment of a special bailiff is possible.

Is Kentucky unique in its service requirements?

Kentucky is unique in its service requirements and what makes it unique can make it more difficult to expeditiously navigate. Unfortunately, many of the errors with service occur outside of the control of plaintiff’s counsel. With that said, MDK is always working on ways to increase efficiency and accuracy and decrease the delays caused in this portion of the foreclosure action.