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Indiana Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation, Child Custody, Domestic Violence and Juvenile Law for Indiana on
Q: When you file an objection to a magistrates decision, do you need to cite case law, authority?

can a dependency court tell you that if you dont accept protective orders your kids will stay in cps custody...that you must give legal custody to mother?

1 Answer | Asked in Civil Litigation and Civil Rights for Indiana on
Q: How do I sue idoc Indiana department of corrections

I want to sue for the loss of a company and I was tortured 2 different incidents now I have ptsd they starved me half to death I have proof!!!

Wellstone regional hospital diagnosed me with it and had proof I was lack of protein malnutrition I wrote the jail the nurse and everyone about... View More

James L. Arrasmith
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answered on Jun 3, 2024

To sue the Indiana Department of Corrections (IDOC) for the loss of your company and the mistreatment you experienced, start by gathering all your evidence, including medical records from Wellstone Regional Hospital and any documentation of your malnutrition and PTSD diagnosis. This evidence is... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Indiana on
Q: Hired attorney 2017 for specialized driving privilege. my attorney retired without me knowing. My license status is HTV!

I was pulled over and being charged with HTV For life.

What should I do?

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 17, 2024

You should hire another attorney to represent you in the new case and to see about the possibility of specialized driving privileges.

1 Answer | Asked in Criminal Law, Arbitration / Mediation Law, Business Law and Civil Litigation for Indiana on
Q: Why won't the police do anything when someone takes your items without compensation?

Left items at toy store for appraisal,after a balljoint failed ruck totalled almost life lined. Kept in touch full time with Google, or Bay. But soon as got my feet back on ground and was ready pick up my legally owning items. for two totes toys from 1980-1999 and 73 HOTWHEELS was $40 so declined... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 31, 2024

Contact the Attorney General's Office for consumer fraud.

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights, Medical Malpractice and Personal Injury for Indiana on
Q: Did DCS and the hospital wrongfully remove a baby? Asking from Indiana.

My sister had a baby in the hospital two years ago. A first time parent. She had no drugs or alcohol in her system. She was asking for a lot of help. And had post partum. Her family came and was told everything was fine but nurses said otherwise. They said there concerns for her ability to properly... View More

James L. Arrasmith
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answered on Mar 24, 2024

If your sister's situation unfolded as described, it could potentially involve wrongful actions by the hospital staff and the Department of Child Services (DCS). It is concerning if a social worker practicing with an expired license was involved in the decision-making process, as this could... View More

1 Answer | Asked in Civil Litigation and Small Claims for Indiana on
Q: Hello. My ex left their vehicle at my house. It’s been about theee months now. Can I claim ownership

Numerous attempts made trying to get removal. Times were agreed upon and never followed through with.

James L. Arrasmith
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answered on Mar 12, 2024

In most states, you cannot automatically claim ownership of a vehicle that someone else has left on your property, even if they have failed to remove it after multiple requests and a significant amount of time has passed. However, you may have some legal options to have the vehicle removed or to... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Indiana on
Q: I need help getting it update all my reinstatement fee waiver they granted a month ago the fees are still on my account

I spoke to the license bridge in Indianapolis they told me the fees would be removed by the 12th of this month

James L. Arrasmith
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answered on Feb 24, 2024

It seems like you're dealing with a frustrating situation regarding the reinstatement fees on your account despite being granted a waiver. It's understandable that you're concerned about this issue, especially after being told that the fees would be removed by a certain date.... View More

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Divorce for Indiana on
Q: Can I get a Indiana Motion to correct error form?

case involving evidence that is new to the case Divorce case

James L. Arrasmith
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answered on Feb 24, 2024

To obtain a Motion to Correct Error form specific to Indiana for a divorce case involving new evidence, you will need to consult the court where your case is being heard. Generally, each court has its own procedures and forms for filing motions and correcting errors in legal proceedings. You can... View More

1 Answer | Asked in Civil Litigation for Indiana on
Q: Can I have a car on my property towed to someone else’s house? It is not my car, I know whos car it is.

He is not responding to me, I know where he is staying at.

James L. Arrasmith
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answered on Jan 28, 2024

Towing a car that does not belong to you to another person's property without consent can lead to legal issues. Even if the car is on your property, you generally don't have the right to move it to another private property without the car owner's permission.

Your first step...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Indiana on
Q: My package is lost, the property manager sign for it.

Landlord shall not be liable for theft, loss, damage or destruction of personal property, damage arising from the acts or negligence of other residents, the elements, or damages arising from acts or occurrences over which it has no control.

Resident agrees that Landlord shall not be liable... View More

James L. Arrasmith
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answered on Jan 24, 2024

In your situation in Chesterton, Indiana, where a package was lost after being signed for by your property manager, the terms of your lease agreement as you've described them indicate that the landlord typically is not liable for lost or stolen personal property. This includes situations where... View More

3 Answers | Asked in Civil Litigation and Insurance Bad Faith for Indiana on
Q: I had a chimney fire on 12-22-21. My ins company is delaying the non salvageable content payment.

As of today 1-13-24 no payment has been paid. Is this considered not acting in good faith? Emails and calls are going unanswered.

James L. Arrasmith
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answered on Jan 13, 2024

Based on the limited information provided, it does not necessarily indicate bad faith on the part of your insurance company at this point. However, there are a few things you can consider:

- Review your policy to understand the claims process and typical timelines for payments. Many...
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1 Answer | Asked in Civil Litigation, Personal Injury and Medical Malpractice for Indiana on
Q: My GI doctor marked two boxes on my pre-screen for sedation before my scope procedures that is false information.

The boxes marked were intolerance to sedation previously and chronic benzodiazepine and narcotics. These are absolute lies. There were no adverse effects from previous scopes only a year prior and no drug use of any kind, besides tobacco, is on any of my medical history. Why would he mark these... View More

James L. Arrasmith
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answered on Jan 1, 2024

In Indiana, if a medical professional inaccurately marks your medical records, it can raise serious concerns, particularly if it affects your care and safety. The reasons for marking those specific boxes on your pre-screen for sedation as intolerance to sedation and chronic use of benzodiazepines... View More

1 Answer | Asked in Family Law, Civil Litigation and Child Custody for Indiana on
Q: Can I petition the court if my children I was set to adopt and fostered for 8 years to be placed back in my home. I a

I am the subject of an abuse from a foster child or 22 months after I called the authorities on him and dcs also took my other children it is not criminal it’s civil

James L. Arrasmith
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answered on Nov 24, 2023

In your situation, where you've fostered children for a significant period and are facing challenges due to allegations of abuse, it's important to understand your legal options. Yes, you can petition the court to have the children placed back in your home, but this process can be... View More

2 Answers | Asked in Business Law, Civil Litigation and Criminal Law for Indiana on
Q: I am undergrad at ivytech. I was curious on if I would be able to get a summer law internship this summer.

I will be transferring next year as a junior. I am currently studying criminal justice and want to go into criminal law. I will be taking a couple classes, but was hoping to possibly get an internship at a firm this next summer. If you guys are looking, I would be very interested at working at your... View More

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

This is a legal question and answer forum and not a job seeking forum. You should reach out directly to the law firm where you are interested in obtaining an internship.

It would help you in your search if you were to put together a resume detailing your undergraduate legal coursework...
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1 Answer | Asked in Contracts, Business Law, Civil Litigation and Legal Malpractice for Indiana on
Q: Lawyer violated rules conduct terribly with doc. Evid., commision denied the claim an did not act what should do next?!?

Had proof, they admitted the act in email, withdrew early and falsified the reasoning to the courts. But lied to me, made huge mistakes, acted without competence or diligence to the point of me have to help them and tell them how to do things. Confronted firm multiple times of actions but was... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 28, 2023

Of the many items you list as error, some may lead to a legal malpractice claim. Consult with experienced Legal Malpractice specialists attorneys in the state where this occurred.

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Indiana on
Q: Is it unethical for an attorney to not disclose they represented your brother when both you and him need an estate attor

My mom passed away. Both my brother and I hired an attorney to handle her estate. My brother was represented by this firm in a criminal case. I did not know this before we hired this firm to handle my mom’s estate. Is this unethical and should I file a complaint with the Indiana Bar Association?

John Michael Frick
John Michael Frick
answered on Sep 14, 2023

No, it probably is not unethical. The previous criminal case is most likely not "substantially related" to the estate case. Both you and your brother's interests ought to be aligned in probating your mom's estate.

Now if your brother's criminal case was for...
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1 Answer | Asked in Traffic Tickets and Civil Litigation for Indiana on
Q: In Indiana I made an illegal turn I didn't get a ticket I got an ordinance violation, why can't I pay this online?

Apparently they're making me go to court it took them 3 months to send me paperwork this isn't how an everyday traffic ticket works why can't I pay this online?

Joel D. Hand
Joel D. Hand
answered on Aug 11, 2023

Courts are not required to provide you with the option to pay a ticket (or ordinance violation) online. However, most courts will permit a person to pay ordinance or infraction tickets through the mail or by telephone. You may wish to contact the court for assistance with payment options.... View More

1 Answer | Asked in Civil Litigation and Small Claims for Indiana on
Q: I have small claim case for a.medical bill. The court said they canceled the date

The paper I got said due to unforseen circumstances the court date had been canceled and either party can ask for a new date. I called the court to make sure it was canceled and the guy on the phone said he don't show it canceled but online and the paper I recieved say it is. I don't want... View More

T. Augustus Claus
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answered on Jul 10, 2023

If you received a notice stating that the court date for your small claims case has been canceled, it would be prudent to rely on that information. However, to ensure clarity, you may consider contacting the court again and explaining the discrepancy between the notice you received and the... View More

1 Answer | Asked in Criminal Law, Real Estate Law and Civil Litigation for Indiana on
Q: I'm representing myself and the opposing attorney does not inform me of depositions. How can I report this in Indiana?

Because I have become disabled during the course of my legal case, I now must represent myself. The opposing counsel does not inform me of when they are taking depositions which precludes me from asking any questions of the person being deposed, which seems to violate IN Rule 30 B, 1 of IN trial... View More

John Michael Frick
John Michael Frick
answered on Jun 7, 2023

First and foremost, you should consult an Indiana attorney to determine what the procedure is under Indiana procedural laws.

Commonly, if a deposition is taken without notice to another party, the party who did not receive notice can file a motion to suppress the deposition so that its...
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1 Answer | Asked in Civil Litigation, Contracts and Arbitration / Mediation Law for Indiana on
Q: What happens if your mediation deadline is April 18th, and mediation was held on April 8th?

What happens if your mediation deadline is April 18th, and mediation was held on April 8th, and the parties reached a settlement agreement, but the obligations of the agreement cant be fulfilled until after the mediation deadline?

Such as the mediator filing the mediation report a week... View More

Tim Akpinar
Tim Akpinar
answered on Apr 28, 2023

An Indiana attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney, the situation you describe does arise. Mediators or arbitrators can set conditions in a report or decision that remain to be fulfilled afterwards. If the... View More

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