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Indiana Contracts Questions & Answers
2 Answers | Asked in Legal Malpractice and Contracts for Indiana on
Q: Do I need to sign a "consent to withdraw" after firing my attorney in Indiana?

I told him I did not want to work with him any longer after he was very unprofessional. He sent me a "consent to withdraw" form. It seems to indicate that he initiated the break in our working relationship.

Peter N. Munsing
Peter N. Munsing
answered on Aug 3, 2016

You can reword it to say "I knowingly and willingly consent to Mr. withdrawing as counsel in my case."

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1 Answer | Asked in Civil Litigation, Small Claims, Collections and Contracts for Indiana on
Q: Being sued in small claims by a debt collector. Can I ask for copies of bills without resetting the clock?

I am not sure of the debt being disputed, and I'd like to know exactly what this company is trying to sue for. But I'm worried that if I call them and ask for copies of the bills, will that be considered acknowledging the debt, and allow them to reset the clock? Or is it just... View More

Paul Stanko
Paul Stanko
answered on Sep 21, 2016

Demand validation of the debt. That is your right, and it does not toll the statute of limitations.

1 Answer | Asked in Civil Litigation, Small Claims, Collections and Contracts for Indiana on
Q: Being sued in small claims by a debt collector. Can I ask for copies of bills without resetting the clock?

I am not sure of the debt being disputed, and I'd like to know exactly what this company is trying to sue for. But I'm worried that if I call them and ask for copies of the bills, will that be considered acknowledging the debt, and allow them to reset the clock? Or is it just... View More

Paul Stanko
Paul Stanko
answered on Sep 17, 2016

Yes. Demand verification of the debt. DO NOT make any payments or offer to compromise the debt, because that could reset the clock.

2 Answers | Asked in Contracts for Indiana on
Q: I was looking at a boat. I wanted to show interest. I suggested $100; the business asked for $500. I wrote a check.

When I determined the boat required a great deal of repair, I was no longer interested in the boat. I asked for my check back. The business refuses to return the $500.

Adam Studnicki
Adam Studnicki
answered on Feb 4, 2016

Sounds like you changed your mind after completing the transaction. A local lawyer can review and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your...
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1 Answer | Asked in Contracts for Indiana on
Q: My brother bought a used car in Ohio and put a low price for the purchase price. He also sold a car and that buyer put

a really low price. NOw they have all rec'd letters from the BMV. Should he contact an attorney or what should he do?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 14, 2015

I imagine the BMV is disputing the prices (so as to collect sales tax). What are they threatening to do? If they are threatening criminally fraudulent behavior, I would certainly recommend an attorney be consulted.

1 Answer | Asked in Contracts for Indiana on
Q: My plumber charged 5 times the labor hours as 5 other plumbers for the same job

And billed me numerous items that were not used. Is that legal and what recourse do I have?

Adam Studnicki
Adam Studnicki
answered on Jul 30, 2015

More information is needed, including what discussion and agreements took place before the work was done. A local contracts, business or consumer protection lawyer can assist.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general...
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1 Answer | Asked in Contracts for Indiana on
Q: I signed a contract to sell a house the other party has not signed it after 30 days is that contract still valid?

they offered me $7,000 for a house. i said $9,000. and signed the papers and the owner needs to approve the $9,000 amount and its been over 30 days now. is that offer still valid in Indiana?

Adam Studnicki
Adam Studnicki
answered on Jul 25, 2015

Check with a local real estate agent or lawyer. Generally speaking, n many states, under general contact law, an offer can be revoked (best to do so in writing) before it is accepted by the other party.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement...
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1 Answer | Asked in Contracts for Indiana on
Q: I am buying land in contract. I had verbal permission to change the driveway and cut trees down.

The contract stated I needed written statement from seller. Is there anything seller can do. All payments are on time and current.

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Dec 20, 2014

You need to have any terms of this land contract in writing. The verbal permission really isn't good enough. Confirm all of the terms by a writing that is acknowledged by the seller.

1 Answer | Asked in Contracts for Indiana on
Q: The seller has not completed the agreed too repairs.

The repairs were recommended by an inspector. We, the sellers and buyer, agreed to have the work completed by a specific date and the work was not completed. I am the buyer. Have they violated the agreement and can I get my earnest money back?

Charles Snyderman
Charles Snyderman
answered on Aug 2, 2014

A lawyer will have to read the agreement of sale and other related documents before answering this question.

1 Answer | Asked in Contracts for Indiana on
Q: Breach of Empl Contract; past employer offered acceptable settlement, now is dragging feet to pay. What's process?

Filed in Marion County, where past-employer operates. Fired w/o cause while under 3 year contract, the terms of which in ANY event required payment of 90 days pay. Long story short, employer through counsel has offered reasonable settlement, but now seems to be responding slowly to my attorney for... View More

Charles Snyderman
Charles Snyderman
answered on Apr 25, 2014

You cannot force someone to settle a lawsuit. You say a settlement was offered. If the offer was not accepted, the lawsuit will proceed in court. If the offer was accepted, then you can no longer sue on the original claim. Instead, you would sue for breach of the settlement agreement. Despite all... View More

2 Answers | Asked in Contracts for Indiana on
Q: Can I absolve this debt and how?

I co-signed at a buy here pay here car place several years ago. The owner of the car has not paid over $4000 on the car and is refusing to pay so the debt is landing on me. I have not even seen the car in over 3 years. I recently had a court date without any representation, the owner of the car did... View More

Howard Berkson
Howard Berkson
answered on Nov 2, 2013

Probably not. However, rights of the co-signer differ significantly across the states, so you will have to talk to an attorney in your area for details. Additionally, you will want to talk to that attorney about the possibility of suing the title owner of the vehicle for the outstanding amount.

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1 Answer | Asked in Contracts for Indiana on
Q: Are there any specific court cases dealing with the capacity of mentally impaired dealing with contracts?
Charles Snyderman
Charles Snyderman
answered on Jan 26, 2013

Yes. You would need to provide more facts, but generally speaking, the Indiana courts state that the mental capacity required to enter into a contract "is whether the person was able to understand in a reasonable manner the nature and effect of his act" on the date of the agreement.

1 Answer | Asked in Contracts for Indiana on
Q: Can a company penalize you after a contract is signed for something that happened before the contract date?
Burton A. Padove
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answered on Jul 19, 2011

If there is language in the contract allowing for the penalty on prior acts, yes.

3 Answers | Asked in Contracts for Indiana on
Q: Non compete agreements: How Legal are they?
Paul Overhauser
Paul Overhauser
answered on Mar 15, 2011

Yes, these agreements are often enforced. However, depending on the state you are in, obtaining monetary damages may be easier than getting an injunction.

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

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1 Answer | Asked in Contracts for Indiana on
Q: What is preliminary contracts ?
Burton A. Padove
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answered on Mar 28, 2011

Please repost with more information concernign the circumstances. Thank you

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