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Indiana Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Criminal Law and Civil Rights for Indiana on
Q: Can I sue the county for an air on court documents or who do I sue

My class A misdemeanor is a Class D Felony on the court documents

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Jun 8, 2017

I would need more information to accurately answer your question.

1 Answer | Asked in Consumer Law for Indiana on
Q: I am getting a call from a gentleman who claims to be an asset investigator and says I owe a debt.

He's aids that it needs to be paid immediately or they are going to serve me and have me arrested. There is also a woman that I talk to that says she is an attorney with a totally different phone number which is from my state. They both tell me the same thing. I legitimately owe this debt,... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on May 29, 2017

Be suspicious and skeptical. You cannot be arrested for not paying a debt unless you are in contempt of court. You also cannot be 'locked out of your bank account' unless they have attached it during a court proceeding. This sounds like a scam but a lot of debt collectors utilize high... Read more »

1 Answer | Asked in Education Law, Collections and Consumer Law for Indiana on
Q: I recently had to withdraw from school due to not being able to pay for it.

Before I withdrew from school, the college wanted me to stay so they offered to let me do the online adult program. Two weeks before I was to do the online program, they called and said they weren't going to allow me to do it because my advisor didn't want me to. They waited until the... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 14, 2017

No, you are the hook for your student loans even if you did not complete your degree. You aren't paying the school at this point you are paying the loan provider. The school already got their money. If payment is an issue you can work with your student loan provider to get onto an income based... Read more »

2 Answers | Asked in Consumer Law, Criminal Law and Civil Litigation for Indiana on
Q: I gave money for a car that was never delivered and seller sold the same car to another person in which they never got.

I gave $580 which was half on car plus parts needed for a repair. Was to pay remainder $450 5 days later when repairs were done. Seller won't return calls or texts. Seller sold same car to another person which they didn't get car either. Can I press charges?

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 9, 2017

Most definitely. Since the amount is rather low, you should most likely file in a Small Claims court where the limit for recovery is $6,000. Go to your local courthouse, visit the Small Claims clerk desk and ask for the proper form. The filing fee will probably be $125 or so but it varies from... Read more »

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1 Answer | Asked in Estate Planning and Consumer Law for Indiana on
Q: Are any mortgage companies exempt from allowing you to assume my deceased mother's mortgage?

My mother recently passed away. Trying to get things taken care of, my sister called the mortgage company to inform them of her passing. While speaking with someone, she asked about us assuming/taking over the mortgage. (My mother willed her mortgaged home to both my sister and I) They told her,... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 3, 2017

The mortgage (to be enforceable) needs to be recorded with the land records in the county where the land is located. Go look it up there if you can't find your mother's copy.

There ARE some mortgages that are 'non-assumable' and that should be spelled out in the...
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1 Answer | Asked in Consumer Law for Indiana on
Q: Can a customer take vehicle without paying final bill?

My husband owns his own custom car shop. A customer left his vehicle at the shop after going over what work he wanted done. They did not discuss a date it would be finished. There was no contract with a final finish date, only an invoice stating the amount of bill. The customer called my... Read more »

Paul Stanko
PREMIUM
Paul Stanko
answered on Dec 24, 2016

I am surprised he was able to get police to assist him in taking his car back. He "can" do that, because obviously he "did" do that, but your husband can sue him for the value of parts and labor he put into the job.

1 Answer | Asked in Consumer Law for Indiana on
Q: Can towing companies charge whatever they want when towing an incapacitated car in a private park?

My car's battery died and I had to leave it in a parking lot of a business. The towing company now wants me to pay $200. Can they charge whatever they want or are there guidelines they have to go by? Thanks.

Paul Stanko
PREMIUM
Paul Stanko
answered on Oct 27, 2016

They can charge whatever the market will bear.

1 Answer | Asked in Bankruptcy, Collections and Consumer Law for Indiana on
Q: if I received in mail an order to appear to answer defendants nonexempt property. what does that mean, do I need to go?

I received a notice to appear to answer questions about my nonexempt property subject to proceedings supplement. I am paying a garnishment for one company right now. not sure what can or can not be done and if it is mandatory to go

Paul Stanko
PREMIUM
Paul Stanko
answered on Sep 24, 2016

It sounds like you may be a defendant in a small claim, upon which a judgment may have been entered, and for which proceedings supplemental to execution are pending. Long story short: yes, you need to go to court. Moreover, get an attorney to help you with this, as you apparently have a judgment... Read more »

1 Answer | Asked in Consumer Law, Small Claims and Collections for Indiana on
Q: I am being sued by a debt collector but the affidavit of debt has incorrect information. Can I get my case dropped?

The affidavit of debt states that I made a payment on 2/20/2016 but I did not. Is this cause for the case being dropped?

Paul Stanko
PREMIUM
Paul Stanko
answered on Sep 23, 2016

Probably not, but it can certainly affect the outcome if the date is relevant and material. NOW, if the debt collector is fraudulently representing to the court that a payment was made in order to get around the statute of limitations, that is very significant! Contact a consumer rights lawyer and... Read more »

1 Answer | Asked in Collections and Consumer Law for Indiana on
Q: Can a collection agency seize your entire bank account if that money is used to pay bills for the next three months?

I get paid quarterly and use the money for bills. If they were attaching my paycheck they can only get a percentage. Would that stand in the case of my bank account since I won't get paid again for 3 months?

Paul Stanko
PREMIUM
Paul Stanko
answered on Sep 15, 2016

A collection agency can't seize your bank account without a judgment and court order. If you are being threatened by a collection agency, you should contact a consumer defense lawyer.

1 Answer | Asked in Consumer Law, Collections, Contracts and Landlord - Tenant for Indiana on
Q: What are my rights in court?

I was sued by an apartment I moved out of 3 years ago. Apparently they had taken me to court and had a judgement entered against me. The court said they served me a notice which I never got. They said I owed them for damages. That debt was sold to a collection agency who is taking me to court based... Read more »

Paul Stanko
PREMIUM
Paul Stanko
answered on Sep 13, 2016

You can demand validation of the debt from the collection agency, but since a judgment has been entered against you already, you need to consult with an attorney to contest the judgment itself.

1 Answer | Asked in Consumer Law for Indiana on
Q: Legal or Illegal? Car Loan Interest applied jumping all over, not going down steadily

Legal or Illegal?

Car Loan. High interest rate.

I looked at the last two years and noticed interest applied to the loan jumped all over. According to a normal amortization schedule, interest payment should have only been above $200 the first month. Only 10 payments from the 2... Read more »

Paul Stanko
PREMIUM
Paul Stanko
answered on Sep 15, 2016

You should contact a consumer lawyer. It sounds like you might be getting scammed.

1 Answer | Asked in Consumer Law and Business Law for Indiana on
Q: used car advice and recourse?

I bought two used cars in Indiana as is, one truck & one car. After purchasing I had a mechanic look at the vehicles and he found many issues with both. The truck had deliberate rigging to the brakes, starter, and exhaust. Some held together with vice grips. Is there and legal action I can take... Read more »

Paul Stanko
PREMIUM
Paul Stanko
answered on Sep 17, 2016

You bought the vehicles AS IS. You might still be able to allege Fraud.

1 Answer | Asked in Medical Malpractice, Consumer Law, Civil Litigation and Health Care Law for Indiana on
Q: I had surgery last year (pre-approved by ins). After, the Anesth. Dr billed me as he was temporarily out of network.

I got insurance pre-approval for the procedure and spoke with the scheduler to ensure that everything was covered so there were no surprises (my exact words). Afterward - the Anesthesiologist balance billed me for the procedure as they said they were out of network. Insurance paid them based upon... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jun 27, 2016

I would suggest to the facility that arranged for the pre cert that if they have an out of network person for anesthesiology then it is up to them to tell you, and tell the anesthesiologist as he didn't let you know he was out of network you are not paying.

At the same time, I'm...
Read more »

1 Answer | Asked in Animal / Dog Law, Car Accidents and Consumer Law for Indiana on
Q: Can our home owners ins be liable for a lady who hit our dog?

RANDOLPH county Indiana. We live in the country, not within city limits. Our dog was half on the road and half on our property. A lady was speeding down our road and drug the dog over 100 feet, did not stop. Went down the road about 1/2 or so and made a police report once she noticed her car was... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jun 30, 2016

Report it to your homeowners. Let them deny her. You may have a claim for the dog though in most states the value is minimal.

1 Answer | Asked in Consumer Law and Criminal Law for Indiana on
Q: Can you be charged with mail fraud for canceling a order made by phone that has never been recieved

I have a friend who recently purchased something by telephone and the item was supposed to be paid with cash upon delivery. Well when the package arrived this friend was in the hospital for a health emergency and the item was returned to the sender. Now my friend called this company to cancel the... Read more »

Paul Stanko
PREMIUM
Paul Stanko
answered on Sep 11, 2016

I don't see a mail fraud issue. The company is trying to intimidate your friend. He should contact a consumer rights lawyer.

1 Answer | Asked in Business Law and Consumer Law for Indiana on
Q: as a machinery builder - If I wanted to advertise our machinery and its ability can I show a product that is the market

place already : Like Boost , Muscle Milk - Motts juice

Paul Stanko
PREMIUM
Paul Stanko
answered on Sep 17, 2016

It sounds like the products you are referring to are simply props to demonstrate your own machinery. Having them in the background should not present a problem.

2 Answers | Asked in Consumer Law for Indiana on
Q: If the bearing would've broken, it would have caused an accident. Is there anything I can do?

I had a problem that my car had a very loud noise when driving. I went and asked for the dealer to test drive and they told me it was just because the tires were worn out and that they inspected the wheels and saw nothing wrong. I took it to the shop and it was the bearing which was getting... Read more »

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 6, 2015

Get it fixed? Go see an attorney about this?

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1 Answer | Asked in Consumer Law for Indiana on
Q: I WAS THE BENEFICIARY OF A 10.000 POLICY FROM STONEBRIDGE. THEY REFUSE TO PAY, WHAT TO DO/

MY NAME WAS ON THE POLICY FOR 25 YRS. THEY WANT TO PAY HER SON.

Adam Studnicki
Adam Studnicki
answered on May 29, 2015

Get the written documents and take them to a local insurance lawyer, who can review and advise. Be well.

1 Answer | Asked in Consumer Law for Indiana on
Q: Free credit report online with no credit card owner available?
Timothy Coe
Timothy Coe
answered on Feb 28, 2013

I'm sorry, but I don't understand your question. Perhaps you can fill in some more details?

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