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Indiana Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation and Domestic Violence for Indiana on
Q: Can I file charges against prosecuting attorney & officers for siding with abuser who misinformed them I was dealing met

2/2020 not a typical traffic stop turns into k9 search found marijuana bowl on passengers side I arrested & initial stop included 3 police cars and asked me to work for meth task force asking where’s the meth before they took my ID case lasted more than 2.7 yrs all the while I’m being... View More

0 Answers | 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

0 Answers | Asked in Landlord - Tenant, Small Claims, Criminal Law and Civil Litigation for Indiana on
Q: Can you sue the landlord of your neighbors property for negligence of their tenets actions and behaviors?

The neighbors intimidate, stalk, have made death threats on video and have damaged personal property without being held accountable. There is no pressure as a nuisance house to evict the neighbors and no one will claim responsibility for there actions. The landlord has been privy to the actions of... View More

0 Answers | Asked in Family Law, Civil Litigation and Civil Rights 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

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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0 Answers | Asked in Civil Litigation for Indiana on
Q: Civil case being sued for credit card debt do i have to appear.

I am a senior on SS..Can I challenge the debt collector has been legally assigned..Also proof how much paid for debt.

0 Answers | Asked in Criminal Law and Civil Litigation for Indiana on
Q: I am trying to find the penalties for violations of a few codes.

What are the potential fines for he opposing violations? The ticket did not include any fines or consequences, and it was stated that it would be addressed at the court hearing. The violations involve deer harvesting and include I.C. Codes: 14-22-11-1(b); 14-22-6-1; 14-22-2-6; Federal Codes: 312... View More

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

1 Answer | Asked in Business Law, Civil Litigation and Collections for Indiana on
Q: What can I do if I can't find a lawyer? I need to respond to the court within 20 days but I have a few days left to do

I received a notification from the court of a lawsuit and I have 20 days to respond after the notification, but it's been approximately 11 days and I still can't find a lawyer. If I can't find one, what can I do?

Tim Akpinar
Tim Akpinar
answered on Feb 13, 2023

An Indiana attorney could advise best, but your question remains open for two weeks, and time is of the essence in your matter. As a general course of action nationwide, one could request an extension to arrange for an attorney. Most plaintiff firms would grant that courtesy. Reach out to local... View More

1 Answer | Asked in Civil Litigation and Personal Injury for Indiana on
Q: Being exposed to asbestos in a public area; is this grounds for a lawsuit? Or does hospitalization need to arise?

Hazardous Material was easily accessible; even to children, Mental distress/ Aggravation/ negligence. This is well known to cause cancer and other bodily harm and has been well known for quite an extensive period of time. This is a public area where tens of thousands of people are known to interact... View More

Charles Candiano
Charles Candiano
answered on Jan 19, 2023

You listed this question under personal injury. Please specifically state the nature of the injury that you sustained. If you are saying that you were exposed to asbestos but were unharmed, you have no cause of action as you were not "injured." There are no health risks associated with... View More

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