Questions Answered by Alexander Florian Steciuch

Q: I received a small claims order from an eviction 13 years ago. Do I settle? I live 200+ miles away and cannot appear.

1 Answer | Asked in Small Claims for Indiana on
Answered on Jan 14, 2019
Alexander Florian Steciuch's answer
Statute of limitations of limitations for back rent is 6 years. You absolutely need to respond, because even if the charges are past the statute of limitations, you need to respond to point this out, otherwise they could obtain a default judgment against you regardless of the statute of limitations. Best course of action would be to have an attorney in the area the small claims proceeding is being held and contact them on your behalf to either appear on your behalf or resolve this issue.

Q: If a dog comes onto my property, attacks my dog and then flees,can I shoot the dog the next time I see it on my property

1 Answer | Asked in Animal / Dog Law for Indiana on
Answered on Jan 14, 2019
Alexander Florian Steciuch's answer
There is no straightforward answer to this question. Shooting a dog is generally considered animal cruelty. If you are being attacked by the dog or the dog is attacking another person, you may be justified in shooting the dog. It is a defense to a criminal charge of animal cruelty to shoot the dog if the dog is attacking or destroying your property. If the dog is merely trespassing, you are most likely not justified in shooting it and could face felony animal cruelty charges.

Here is...

Q: If I make ONE tshirt with a logo that is trademarked by someone else can I be sued for copyright infringement?

1 Answer | Asked in Intellectual Property and Trademark for Indiana on
Answered on Jan 14, 2019
Alexander Florian Steciuch's answer
Yes, you could be sued for trademark infringement. You don't get a freebie trademark infringement.

Q: are electricity bill is $629.00 and our house is still freezing and the land Lord is a jerk no ceiling in the bathroom

1 Answer | Asked in Civil Rights, Construction Law, Land Use & Zoning and Real Estate Law for Indiana on
Answered on Jan 14, 2019
Alexander Florian Steciuch's answer
It does not sound like your heating works. Either that or your house is uninhabitable. Landlords have a duty to provide you with a safe and habitable living space. Notify your landlord, in writing (keep a copy for yourself), via certified mail of all the issues with the house and inform your landlord that the issues need to be resolved in a timely manner. If your landlord refuses to fix the issues, it may be said that you have been constructively evicted, which can be a basis upon which a...

Q: I'm in the state of Indiana. If a lease agreement has ended and the tenant refuses to leave the property can I force out

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Indiana on
Answered on Jan 11, 2019
Alexander Florian Steciuch's answer
No, you cannot change the locks or physically remove them. Your only legal option is to obtain an eviction at the eviction hearing that you already have scheduled. If you contact the police they will not act without an eviction order.

Q: I reside in Indiana. If they raise rent and I inquire why, do they have to respond?

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Indiana on
Answered on Jan 10, 2019
Alexander Florian Steciuch's answer
Your landlord is not required to explain why he is raising rent. If you believe that the rent increase is too high this is something you can bring to his attention and attempt to negotiate him down.

Q: can my landlord kick me out without filing eviction

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Jan 10, 2019
Alexander Florian Steciuch's answer
Even if you did not have a lease and were informally going month to month by the terms of the previous year lease agreement, and even if the landlord told you he or she would not renew that monthly agreement and told you to be out and you overstayed, your landlord still has to file an eviction and show a court that he or she has grounds to take possession of the property. Eviction is the only process by which a landlord may take possession of the property and have you removed.

Q: Can I get child support in Indiana if I don't have a job?

1 Answer | Asked in Child Support and Family Law for Indiana on
Answered on Jan 10, 2019
Alexander Florian Steciuch's answer
You can get child support established even if you do not have a job. Each county in Indiana has free legal services available to parents looking to establish child support obligations. This website can help you. https://www.in.gov/dcs/2483.htm

Q: Do I have to probate a will that contains only personal items, such as clothing, furniture, dishes ect. Value 500.

1 Answer | Asked in Probate and Family Law for Indiana on
Answered on Jan 8, 2019
Alexander Florian Steciuch's answer
As a matter of law you have a duty to 'spread the will of record' or 'file the will without administration.' What this means is that you go to the court and file the will with the court but do NOT probate the will. No administration is put in place, no executor is appointed, no estate is opened.

If the value of the estate is under $50,000.00 (I believe it was increased this year), you do not have to open an estate. You can transfer the property through a Small Estate Affidavit. Contact...

Q: Power of attorney

2 Answers | Asked in Elder Law for Indiana on
Answered on Jan 8, 2019
Alexander Florian Steciuch's answer
Yes. You can have as many POAs as you'd like, financial or medical. They can be different people, with different powers and different responsibilities. For example, you can choose to have only one financial POA, but choose to have several medical POAs that have to make joint decisions and consult with each other.

Consult with an attorney in your area for legal advice. Any information provided here is just for general information purposes.

Q: Can my landlord change our lease before the original agreement is up? New man. Comp is asking us to sign another lease

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Jan 8, 2019
Alexander Florian Steciuch's answer
No. If you sign a lease agreement for a term, both you and the landlord are bound by the terms in lease agreement. A landlord may not unilaterally change those terms without your consent. Once the lease agreement has been completed, a landlord may have you sign a new lease agreement with new terms. However, if you do not like those terms you may renegotiate those terms or choose not to sign the new lease agreement.

Consult with an attorney in your area for legal advice. Any information...

Q: What happens if someone steals someone else's dog?

1 Answer | Asked in Animal / Dog Law for Indiana on
Answered on Jan 8, 2019
Alexander Florian Steciuch's answer
Contact the police ASAP and report your dog stolen. If you find out that your dog was not stolen and has simply run away, be sure to update the police and inform them that you found your dog. If you have evidence that it was your neighbor (video recording of them committing the crime, picture of your dog in their house, communications from them telling you they did it), be sure to provide that to the police as well.

As an interim step, if you believe that your dog was stolen, you can...

Q: I am listed with my brothers on property ET AL One is now deceased

1 Answer | Asked in Intellectual Property and Real Estate Law for Indiana on
Answered on Jan 8, 2019
Alexander Florian Steciuch's answer
Assuming that you owned the property jointly with rights of survivorship with your brothers, once your first brother passed away, his interest automatically transferred to the survivors (you and your other brother). If this is the case, you can take the deceased brother's name off the property with a survivorship affidavit and record it with the county. A survivorship affidavit usually requires a death certificate to be recorded.

Q: Have property in Michigan family owned 8 siblings 7 want to sell. What can we do?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Jan 8, 2019
Alexander Florian Steciuch's answer
I assume that in asking this that the 8th sibling does not wish to sell.

There are a number of routes you could take to sell the property or get the sibling on board.

You could petition a court to partition the property.

You and your other siblings could buy out the 8th sibling's interest.

You could seek to sell to someone who doesn't mind co-owning the property with the 8th sibling.

You could find out what the 8th sibling's reservation is about...

Q: Can I get my dog back after I haven't had him since June 2017?

1 Answer | Asked in Animal / Dog Law for Indiana on
Answered on Jan 8, 2019
Alexander Florian Steciuch's answer
Once you gave up your dog to your friend, you effectively transferred ownership of the dog to someone else. You never intended to receive the dog back. Legally your friend owned the dog and could do with it whatever she liked at that point.

It is still possible for you to get the dog back from the current owner, but that is going to be through negotiating with the current owner and possibly buying it back.

Consult with an attorney in your area for legal advice. Any information...

Q: My landlord has not been paying his mortgage but I have been payinh rent. What can I do now. The bank wants me out now.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Indiana on
Answered on Jan 8, 2019
Alexander Florian Steciuch's answer
You need to figure out what is happening with this property through your landlord as soon as possible. While the bank is not your landlord, if there is a mortgage on the property and it is not being paid, the bank can foreclose on the property. As part of that foreclosure process, the bank will ask for an eviction of all current tenants and anyone else that lives at the property.

Consult with an attorney in your area for legal advice. Any information provided here is just for general...

Q: Court order guardian ad litem for my costudy case . When will I know if a date or time will be set up . Do I have to cal

1 Answer | Asked in Child Custody for Indiana on
Answered on Jan 8, 2019
Alexander Florian Steciuch's answer
You should be contacted by either the court or the GAL. However, it will not hurt to contact the court and ask just to be on the safe side.

Q: Even if I'm a couple of months behind in rent can I still stay in my apt until my court date in January

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Dec 14, 2018
Alexander Florian Steciuch's answer
If you have a court date for an eviction you can still stay in your apartment until the date of the eviction hearing. The eviction hearing is set to determine whether or not you will be able to stay in the apartment or forced to leave. If you pay all the rent that is owed before the court hearing it will not stop the eviction hearing without positive consent of your landlord.

Q: LL wouldn’t fix sump pump and fridge so I did. Do they have to have access to inspect tenant repair even if Im not home

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Dec 12, 2018
Alexander Florian Steciuch's answer
A landlord can inspect the property even if the tenant is not home, as long as there is proper notice. There is no law in Indiana that a landlord must inspect repair work done by a tenant, but a landlord would be a fool not to inspect any repair work done on the property as improper repair work, especially work done on anything related to water or electricity, has the possibility to cause further damage to the property if done incorrectly.

Q: Can I stay in my apt until my court date

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Dec 12, 2018
Alexander Florian Steciuch's answer
1. Yes, you can stay in your apartment until the time of the eviction hearing.

2. No, paying all of your back rent will not stop an eviction.

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