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Indiana Small Claims Questions & Answers
1 Answer | Asked in Small Claims for Indiana on
Q: I live out of state and received a small claims court notice on something that is 15 years old..

not even sure who company is but it is not on my credit report and claim is for $350 and has to be at least 15 years old as I have not lived in state for at least that long..obviously I don't want to show up in court to fight this small false claim, what can I do

Paul Stanko
Paul Stanko
answered on Sep 17, 2016

That is a "zombie debt". Have a consumer lawyer answer the notice of claim, most likely alleging expiration of the statute of limitations. I would probably also file a counter-claim alleging a frivolous lawsuit and seeking damages for that.

1 Answer | Asked in Car Accidents and Small Claims for Indiana on
Q: Was involved in an auto accident. The other driver was found to be at fault. No injuries. Her ins. co. won't pay all exp

Won't pay all expenses. Need a rental for 4 days. They'll only pay for 3. Estimate for repairs $1475. They'll only pay $1100. What are my options. Small claims court with the insured driver possibly?

Peter N. Munsing
Peter N. Munsing
answered on Jul 7, 2016

Assuming no collision, then : repairs (& rental)--have your repair shop talk to their adjuster. If they won't budge, file a complaint with the state insurance commissioners office. If you were injured, contact a member of the Indiana Trial Lawyers Association.

1 Answer | Asked in Civil Litigation, Contracts and Small Claims 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.

1 Answer | Asked in Civil Litigation, Small Claims and Collections 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 Small Claims for Indiana on
Q: Neighbor sold us HIS tv and now claims its his wifes and we have to give it back or were going to court ..... PAID 400

The other day , My mother and I were walking our dogs and a neighbor of ours called us over and said if we wanted to but a 65" screen , he originally bought it for 1200 and wanted 600 . We told him multiple times that we didnt have money , but came to an agreement about giving him 400 at the... View More

Paul Stanko
Paul Stanko
answered on Sep 17, 2016

He had apparent authority to sell their property. Contact a lawyer immediately to document everything. If it was his wife's tv, then it should be his problem, not yours.

1 Answer | Asked in Small Claims for Indiana on
Q: What are my rights

What are my rights? I'm being taken to small claims court by my mother in law over a cell phone that we were paying 100% of in her name until she decided to have it turned off. She refused to release the lines so we could open our own account so we traded the phones in and got new ones and... View More

Paul Stanko
Paul Stanko
answered on Sep 21, 2016

If your mother in law doesn't know where you live, then get a lawyer to represent you. Otherwise, when you file an answer to the small claim, your address will be on your pleadings.

1 Answer | Asked in Small Claims for Indiana on
Q: I recently lost a small claims suit over earnest money wherein the facts were very simple and as follows

- the contract had a contingency for financing

- my financing was rejected due to loss of my job (I lost my job after applying for financing)

- I provided copy of contract & lender's rejection as evidence

- seller stated that he could have provided financing (which... View More

Paul Stanko
Paul Stanko
answered on Sep 21, 2016

You had the right to appeal the court's ruling to the Court of Appeals, but the time has passed. You are bound by the court's judgment.

1 Answer | Asked in Small Claims for Indiana on
Q: What is a Verified Motion in Proceedings Supplemental and Interrogatories?
Burton A. Padove
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answered on May 21, 2011

It is a pleading filed in court and served upon a company that has an asset of the defendant or his employer. Its purpose is to confirm that the gartnishee defendant ( the person or company served)has money or an asset of the defendant that the plaintiff may be able to obtain in payment of the... View More

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