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Indiana Small Claims Questions & Answers
1 Answer | Asked in Criminal Law and Small Claims for Indiana on
Q: How much would it be to lift a warrant on someone who missed a court date ?
Andrew L. Bennett
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Andrew L. Bennett
answered on Oct 5, 2017

You would need to provide much more information to answer the question accurately. A warrant can only be lifted by the court and that would depend on the underlying charge, the length of time since missing the court date, the number of times the person has missed court in this case and any other... View More

0 Answers | Asked in Criminal Law, Civil Rights and Small Claims for Indiana on
Q: Can i sue a store for false accusing me and my fiance of shoplifting? They wouldn't search us, look at security tapes,or

Show us any proof of their accusations. We are very upset by this, as we don't steal in this family.. I want justice.

1 Answer | Asked in Car Accidents, Personal Injury and Small Claims for Indiana on
Q: Have PI lawsuit against at fault person, auto accident.Can I file small claims for what insurance not covering?

Lost my job and insurance after 12 mos FMLA and now on SSDI. LTD company now wanting money back I was paid after I received SSD award back pay of $5000. I need the SSD back pay to cover COBRA costs. Can I file small claims against individual to recoup more of my lost earnings above his... View More

Chase T Wilson
Chase T Wilson
answered on Oct 24, 2017

Likely no, the insurance company will require you to sign a release before giving you the settlement proceeds. That release will bar you from going after the insurance company or the individual in the future.

1 Answer | Asked in Civil Litigation and Small Claims for Indiana on
Q: I have some small claims court issues that I need representation, what is the basic charge for something like this??
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Sep 12, 2017

There's no definitive answer that anyone here can give you. Attorneys all have different fees and fee schedules. Some may offer a flat fee while others ask for a retainer. Others may charge hourly and bill you later. The only way to get a definitive answer is to call attorneys and ask them.

1 Answer | Asked in Small Claims for Indiana on
Q: I loaned a friend over $3100 in cash. I have various text messages stating he will pay me back. do I have a case?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Aug 21, 2017

This is what Small Claims court is made for. Take screenshots of your text messages, print them, show the name, the phone number and the time and dates of the messages on those prints and get ready to file a Small Claims case. Go to your local county court, find the Small Claims clerk, ask for a... View More

1 Answer | Asked in Civil Rights, Small Claims and Real Estate Law for Indiana on
Q: sold a house while out of state and new owner wont let us retreive our possessions

movers were there at time of closing and new owner told them to leave or he would call the cops, 2 couches, a dinner table, and a jewelry box are inside. What are my rights on retrieving them, or are they now his property?

William C. Head
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answered on Aug 14, 2017

The description given is unclear. You SOLD a house, but left items inside it, after the sale? Was there anything put in writing about that? For how long were the items there?

You could either have a criminal case against them, or a civil case, but without any agreement, I have never heard...
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1 Answer | Asked in Small Claims for Indiana on
Q: What options are available to people who are on SSD an are being taken to Small Claims Court for Credit Cards and Med.

6 years ago after a Surgery I became Totally Disabled and now receive SSD. We are just getting by and haven't been able to pay for Medications and Specialists that I need. I am now being taken to Small Claims. So far there has been 3 back to back. The first 2 we made payment arrangements but... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jul 20, 2017

If you are having struggles with making payments on your debts you may want to consult with a bankruptcy attorney to discuss your options.

That said, if your only source of income is SSD chances are high that you meet indigent status and your income falls below a certain threshold where...
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1 Answer | Asked in Personal Injury, Child Custody, Small Claims and Libel & Slander for Indiana on
Q: Facebook and cps false allegations made of drugs and child abuse as well as residency. Proof of being false. What's next

A family members ex called cps making claim I do drugs as well as physically harm my child. She has also posted on social media in open as to me lying about having cancer and lying to the government for assistance for myself and child. I have photos proof as well as copies cps has looked at my... View More

Chase T Wilson
Chase T Wilson
answered on Jul 20, 2017

You may have a claim, but these types of claims are not only extremely difficult to prove, they also rarely pay out as there is no insurance and most individuals don't have the money to pay a substantial verdict. You also have to show the economic harm that these statements have caused, which... View More

1 Answer | Asked in Traffic Tickets, Car Accidents, Collections and Small Claims for Indiana on
Q: Towing company charging me to get my own property

I was in an accident involving only myself. My vehicle was then towed. I need to get some of my personal belongings out of the vehicle but the towing company wants to charge me to get my things. Can they do this? I have all the paperwork and the keys to the car.

Charles Candiano
Charles Candiano
answered on Jun 22, 2017

If your car was towed because it was not driveable, the towing company had a right to tow it and an obligation to store it, probably under police order. If you do not have towing on your car insurance or you do not have car insurance, you are responsible for the towing and storage fees. The... View More

2 Answers | Asked in Personal Injury, Health Care Law, Landlord - Tenant and Small Claims for Indiana on
Q: Neighbor's dog ran on my property and bit my leg. Do I have a claim?

I was walking out of my garage going to get mail. Next door neighbor's dog ran up to me and started barking. While the minor who was with him told me he (the dog) didn't bite, the dog instead bit me three times. One of those times left a mark on my lower leg. I spoke with one parent who... View More

Chase T Wilson
Chase T Wilson
answered on May 22, 2017

Do you have a claim?: Maybe, this depends on whether the dog has shown a violent propensity before, this is known as the "one bite" rule in Indiana. Basically, if the dog has never bit anyone before then the owner will not have had sufficient notice of the dog's violent propensity... View More

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1 Answer | Asked in Small Claims, Contracts and Lemon Law for Indiana on
Q: I sold a car on Craigslist, now the buyer says the transmission is bad, am I at risk of having to ray her for the repair

I sold the car on 3/4/2017. Now today 3/6/2017 she called me saying hat the transmission is going bad. She and a friend test drove the car before they bought it. We even took it to advanced auto because they wanted to see if any codes came up to see what was wrong with the car. We did that and only... View More

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

There's nothing stopping her from suing you for the cost of the transmission or for fraud. The real question is whether or not she would be successful. Unless you made any guarantees, offered her a warranty or had knowledge of a material defect, which it does not sound like you did, the odds... View More

1 Answer | Asked in Small Claims and Real Estate Law for Indiana on
Q: I live in Indiana 3 years ago my neighbors tree fell into my house during a storm has the statute of limitations passed?

I've tried to be neighborly but have recently had more issues with him on another tree. Do I have any options for the one that happened 3 years ago and is their anything I can do about a tree that is dead center on the property line that I want gone but he doesn't?

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 25, 2017

Most likely yes, the statute of limitations has passed. You had 2 years from the actual occurrence of the tree falling onto your house during the storm to bring a claim against him.

As for the one that is on the property line, if it is on your property, feel free to take care of it...
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1 Answer | Asked in Small Claims and Personal Injury for Indiana on
Q: Can the victim sue for pain and suffering in a convicted child molestation case?
Jonathan R. Roth
Jonathan R. Roth
answered on Mar 23, 2017

A victim can sue the criminal in civil court for any and all damages subject to each states Statute of Limitations. Damages are not generally part of a criminal proceeding for child molestation.

1 Answer | Asked in Civil Litigation and Small Claims for Indiana on
Q: I won a small claim case with a much smaller amount than what was expected.

The amount awarded was a ridiculous lower amount. Would it be worth appealing and what are my rights of putting a sign up on my property against the company that is messing people over?

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 10, 2017

No, it would not be worth appealing. The limit for collecting in Small Claims in Indiana is $6,000. If you look to appeal a judgement from Small Claims you will need an attorney because appealing is not friendly to non-lawyers and you will have to hire an attorney to help you. The costs for hiring... View More

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Indiana on
Q: Q: Our soon to be ex son in law owes us a few thousand dollars and promised to pay us in oct 2016. He didn't,

He didn't, I contacted him through

Messages (have the proof he promised to pay us) and he still has not given us our money. Can I hold most of his tax refund for what he owes and write him a receipt of paid in full and give home what is left since I am the one doing his taxes?

Paul Stanko
Paul Stanko
answered on Jan 30, 2017

You have no right to take another person's tax refund. Consult an attorney and/or file a small claim, but do not seize another person's property (tax refund) without court order!

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
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... View More

1 Answer | Asked in Small Claims for Indiana on
Q: can I sue under habitual housing?

everything documented

Paul Stanko
Paul Stanko
answered on Sep 21, 2016

Your question is too vague to be answered.

1 Answer | Asked in Criminal Law and Small Claims for Indiana on
Q: I had a computer that I have invested over $2,500 in games and upgrades into. My own father stole it. What do I do?

My father took it from me behind my back and isn't giving me a clear reason why. The computer itself legally belongs to my mother's workplace, called Williams-Randall, however, they gave my mother the computer over 3 years ago and have replaced it without asking for the computer back. My... View More

Paul Stanko
Paul Stanko
answered on Sep 11, 2016

Are you an adult? If so, then file a small claims action against your father.

1 Answer | Asked in Civil Rights, Small Claims and Family Law for Indiana on
Q: How long do I have to hold on to ex boyfriend's things after splitting up before I can throw them out? Nothing of value.

He did not live with me, only spent overnights on weekends and the items are nothing of value. Mostly knick knack or toy type items and a small bag of clothing items. I have called and texted him to get them but he always has some excuse as to why he can't yet. When can legally throw it out. I... View More

Paul Stanko
Paul Stanko
answered on Sep 17, 2016

He abandoned the property. Send him a letter giving him a reasonable time to claim his items. If he doesn't then throw them out.

1 Answer | Asked in Products Liability, Lemon Law, Small Claims and Contracts for Indiana on
Q: I got a riding lawn mower from a friend and was not posted as an as-is said it was ready to mow it wasn't do I have a c

Do I have a case since he posted this not as an as is said it had things fixed on it and was ready to mow.. he won't come fix or look at it and won't give me my money back. I have the post. Plus all our conversations..

Peter N. Munsing
Peter N. Munsing
answered on Aug 11, 2016

Yes if he said it was ready to mow. You can take him to small claims though if he is a friend might make sense to have a mower mechanic look at it and say what is wrong and give you an estimate of what it'll take to fix it.

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