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Questions Answered by Timothy Coe
1 Answer | Asked in Consumer Law for Indiana on
Q: What can security guards legally do to a customer?
Timothy Coe
Timothy Coe
answered on Sep 27, 2012

I think we need more information about what specifically happened to give you a passable answer. Often situations are fact sensitive, so generalized questions don't work so well.

2 Answers | Asked in Family Law for Indiana on
Q: Name come up on database asign to name fd id tenn. Dba indiana

Grady cont. Company asign 751 north u.s.6 box 636 kendallville indiana 46755 father past away me the son asigian and susscesser for lots fd id in ten

Timothy Coe
Timothy Coe
answered on Sep 27, 2012

I am having a lot of trouble understanding your question.

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1 Answer | Asked in Landlord - Tenant for Indiana on
Q: In Small Claims Court in Indiana, can a Trustee of an Irrevocable Trust file suit pro-se if the award sought is <$1500?

If real estate has been transferred to a Trust, and the Trustee files for eviction, does he have to be represented by counsel? "Landlord" was never the owner--his wife was. However, a few years ago, wife transferred property into a charitable remainder unitrust, with herself and husband... View More

Timothy Coe
Timothy Coe
answered on Sep 14, 2012

The trustee has the right to sue on behalf of the beneficiaries of the trust in a matter concerning the trust property. And they have the right to do it pro se, especially as an eviction in small claims just as you have the right to defend pro se.

1 Answer | Asked in Foreclosure for Indiana on
Q: Our home was in a sheriff's sale, but no bids were made, resulting in the property being retained by Deutsche Bank

What options in reinstating the loan and re-obtaining our property? We have not seen a copy of the note, only in writing in the judgment from the court documents, stating that Deutsche is the registered holder of Ameriquest Mortgage Securities Inc. Asset-Backed Pass Through Certificates.

Timothy Coe
Timothy Coe
answered on Sep 14, 2012

It is not at all uncommon for no one to show up at the sheriff's sale and for the bank to buy the property for what it's owed. At this point re-instating the loan is not an option. Your rights to the house have been foreclosed. You may try to contact Deutsche Bank to try to get a... View More

1 Answer | Asked in Foreclosure for Indiana on
Q: We have a house with 2 mortgages, and $91,000 in the estate, can we turn the house in to the bank in lieu of payment?
Timothy Coe
Timothy Coe
answered on Sep 14, 2012

What you are talking about is a Deed in Lieu of foreclosure. It is unlikely that the bank would go for it because they are still taking it subject to the second bank's mortgage. If you file a bankruptcy your bankruptcy attorney will be able to help you surrender the house as part of the... View More

1 Answer | Asked in Employment Discrimination for Indiana on
Q: My boss wants all respiratory therapist to intubate. This was not in my job discription when I signed on. What can I do

I work at a small 99 bed hospital and my supervisior wants all RRT to do intubations. The standard she has set is 1 intubation a month. This standard requires me and most other to come in on our own time to meet this standard due to the lack of opportunity in the ER and the floors. We have... View More

Timothy Coe
Timothy Coe
answered on Sep 14, 2012

Employment discrimination is discrimination based on race, gender, color, national origin, religion or disability that causes an adverse employment action. It does not seem like this situation would fit into one of those categories. I would recommend contacting the hospitals HR and dealing with it... View More

1 Answer | Asked in Employment Discrimination for Indiana on
Q: Looking for cases about constructive discharge per religious reasons
Timothy Coe
Timothy Coe
answered on Sep 14, 2012

Need more information on the particulars of the case. It would be extremely difficult to prove constructive discharge because of religion. Discrimination based on religion which led to you feeling the need to quit, but then again I would need more information.

1 Answer | Asked in Collections for Indiana on
Q: Can an online payday loan company say that the will be able to prosocute you if you do not pay them today. when they

Call or call your work several times a day

Timothy Coe
Timothy Coe
answered on Sep 14, 2012

Prosecute you? NO, there is no such thing as debtor's prisons in Indiana or any other state that I am aware of. What they can do is sue you for the amount owed, but you should send them what is called a "cease and desist letter" which will restrict them from calling you or anyone... View More

1 Answer | Asked in Collections for Indiana on
Q: What is the statute for credit card debt in Indiana
Timothy Coe
Timothy Coe
answered on Sep 14, 2012

There isn't really one statute for credit card debt. However, if you meant the statute of limitations then it is most likely 6 years. But, if the judge considers it a written contract then the statute of limitations is ten years. It all depends on what type of contract you have for the credit... View More

1 Answer | Asked in Collections for Indiana on
Q: I need a form to respond to a summons in a debt collection case. Where can I find it?
Timothy Coe
Timothy Coe
answered on Sep 14, 2012

Along with the summons should have been a "Complaint" to respond to the complaint you need to file an answer. These are very simple to do. Simply copy the heading on the complaint until it gets down to the word "complaint" in stead of complaint you type in "answer"... View More

1 Answer | Asked in Family Law for Indiana on
Q: Do I need to take a paternity test even if the petitioner decides not to show up in court and pursuit the case?
Timothy Coe
Timothy Coe
answered on Sep 14, 2012

We need more information to answer this question accurately.

1 Answer | Asked in Family Law for Indiana on
Q: If I learned that my ex (who has joint custody of my kids) is taking them around a convicted child molester, what can I do?

We have 50-50 custody and I just found out that he has been taking them around a convicted child molester who served ten years in prison and has a lifetime registration. We have three children: an 11 year-old girl, a 9 year-old boy, and a 7 year-old girl.

Timothy Coe
Timothy Coe
answered on Sep 14, 2012

1. Ask him to stop for the sake and safety of the kids. 2. Petition the court for modification of custody based on the danger to the kids.

1 Answer | Asked in Family Law for Indiana on
Q: I housed and fed a brother & his kids, he did the cooking, cleaning and maint. at the house. Can I sue for support from

The worthless mother of these kids? This went on for more than three years.

Timothy Coe
Timothy Coe
answered on Sep 14, 2012

The only people who are entitled to support are the parents of the children. If you charged your brother rent and it added to his expenses he should be able to have child support modified to reflect the added expense.

1 Answer | Asked in Family Law for Indiana on
Q: Am I allowed to take my child out of state for a short vacation without getting in trouble?

Neither parent has any court ordered parental rights

Timothy Coe
Timothy Coe
answered on Sep 14, 2012

If there is no court order regarding custody and visitation then the answer is a qualified yes. You should inform the other parent. When you pose a question on line we need a lot of facts because these situations are often much more complex than the questions let on. If you are the non-custodial... View More

1 Answer | Asked in Family Law for Indiana on
Q: My 16 year old daughter does not want to live with her father, who has custody. Does she have to return to him?
Timothy Coe
Timothy Coe
answered on Sep 14, 2012

you need to file a petition to modify custody with the court.

1 Answer | Asked in Family Law for Indiana on
Q: What do I have to do to visit my father who is being taken care of at home and suffering from late stage Alzheimer's?
Timothy Coe
Timothy Coe
answered on Sep 14, 2012

We would need MUCH more information than that to answer this question. With the question posed as it is my answer would be, drive over there.

1 Answer | Asked in Family Law for Indiana on
Q: How do i get the forms to sign over my parental rights?
Timothy Coe
Timothy Coe
answered on Sep 14, 2012

There is no such form. It is a common misconception that you can "sign over" your parental rights. What would need to happen is if the person with whom you had the child were to get married then that person could adopt your child and take over parental responsibility for your child.

1 Answer | Asked in Family Law for Indiana on
Q: Does my exhusband need to recalculate his child support payments since he has had an increase in pay and remarried?
Timothy Coe
Timothy Coe
answered on Sep 14, 2012

He doesn't need to,but you can petition the court with a figure in mind if you know how much he makes at his new job and any other responsibilities that he may have. I would recommend contacting your lawyer to get started.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Ex is held harmless for credit card I was to pay. Now he filed Chapter 7 and I'm filing next week. Is CC dischargeable?
Timothy Coe
Timothy Coe
answered on Sep 14, 2012

Credit cards are dis-chargeable in bankruptcy even if you are ordered to pay it by the state court.

1 Answer | Asked in Workers' Compensation for Indiana on
Q: My company is welding pool cover fabrics without propr ventalation.its poising me. Could i get compensation?
Timothy Coe
Timothy Coe
answered on Sep 14, 2012

You should alert the Occupational Safety and Health Administration (OSHA). As far as getting compensation, you would need to file a worker's compensation claim if you are injured and have to go to the hospital. If the employer fights the worker's compensation claim then you need to hire a... View More

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