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1 Answer | Asked in Civil Rights and Real Estate Law for Indiana on
Q: Indiana subdivision mandatory HOA. Can a properly designed and submitted privacy fence be denied for dislike appearance

The head of ACC archectual control commission of HOA dislikes the overall appearance of all privacy fences and even with material and design meeting building codes and material convinces, denys.

James L. Arrasmith
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answered on Jun 3, 2024

In Indiana, homeowners associations (HOAs) often have significant control over property modifications, including privacy fences. Even if your fence meets all building codes and material standards, the HOA's architectural control commission (ACC) can still deny it based on aesthetic preferences... View More

1 Answer | Asked in Employment Law, Antitrust, Civil Rights and Libel & Slander for Indiana on
Q: Is the noncompete agreement I signed enforceable?

I was employed as a music instructor. The company I was working for required me to sign a NCA upon accepting the job offer in 2015. I was terminated Aug. 2023. The owners cited restructuring. I later found they were alleging misconduct. The Department of Workforce Development determined there was... View More

James L. Arrasmith
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answered on Jun 3, 2024

The enforceability of a noncompete agreement can depend on several factors, including state laws and the specific circumstances of your case. Given your situation, there are a few key points to consider. First, the fact that the Department of Workforce Development found insufficient evidence for... View More

1 Answer | Asked in Car Accidents for Indiana on
Q: My vehicle was involved it's a 2018. Do I have the right to have have orginal parts used?
John Michael Frick
John Michael Frick
answered on May 9, 2024

Most automobile insurance policies state that the insurer specifically has the right to approve a repair estimate that is based upon the prevailing competitive price and further the parties further agree as follows: “You agree with us that the repair estimate may include new, used, recycled, and... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Indiana on
Q: in an incident at work where derogatory, degrading, racist, micro-aggressions, and harassment took place. Case? Yes or N

My manager made the comment referring to my race, my height in front of the team, in an offensive, hurtful, degrading, humiliating fashion and because of it being escalated to HR, he was "suspended" pending an investigation and now has been removed from the company, had previous write ups... View More

John Michael Frick
John Michael Frick
answered on May 7, 2024

No. It does not appear that your employer took any adverse employment action against you.

1 Answer | Asked in Real Estate Law and Tax Law for Indiana on
Q: What's the best thing to do to avoid big tax liability on land inherited 50 years ago?

My mother-in-law owns a large tract of land in Iowa with her sister. Her sister recently died, so her portion will be inherited by her 3 children. My mother-in-law wants to know the best thing she can do with her portion. She's worried if she decides to sell her property, she will be paying... View More

James L. Arrasmith
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answered on May 7, 2024

There are a few strategies your mother-in-law could consider to minimize tax liability on the inherited land:

1. Step-up in basis: If she holds onto the property until her death, her children will receive a "step-up" in cost basis to the fair market value at the time of her death....
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1 Answer | Asked in Medical Malpractice for Indiana on
Q: Is Medical malpractice with insurance companies possible?
Gail N. Friend
Gail N. Friend
answered on May 6, 2024

Your question is confusing. Are you asking whether an insurance company can commit medical malpractice?

or

Can you obtain medical malpractice insurance?

As to the first -- medical malpractice pertains to healthcare providers and practitioners.

As to the second -...
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1 Answer | Asked in DUI / DWI for Indiana on
Q: Did not install the ignition Interlock device, what form i need for court asking judge to reinstate my liscence?

Nevern installed cuz i was on work release and house arrest ordered. completed everything else ordered. been over 10 years and trying to get Indiana Liscence back. Could judge have BMV Indefinite suspension removed without having the interlock installed since so many yrs.

couldnt install... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on May 3, 2024

Contact a local traffic attorney who can review your record and see what can be done to remove suspensions to get you valid. Most attorneys have free consultations. Also, if you do not have a myBMV account set up, do so before you contact the attorney so he/she can look at your record.

1 Answer | Asked in Domestic Violence and Criminal Law for Indiana on
Q: If my abuser is going to trial on his domestic violence charges then do I still have to testify
Michael I. Leonard
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answered on May 2, 2024

That will be up to the individuals prosecuting the case. If you are the only victim, then yes there is a great likelihood that they will want to call you to testify as a witness at trial. If you are asking whether you "HAVE TO" testify, even if you do not want to testify, the prosecutor... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: I hired a company to do pest control. The tech they sent to my house stole my wallet. I have it on camera.

I hired a company to do pest control. The tech they sent to my house stole my wallet. I have it on camera. I called the company, who told me he was on probation and I filed a report with the name they gave me. I know most reports don’t even get looked into but since he’s on probation will his... View More

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answered on May 4, 2024

You should make sure that you file an actual police report. Except in the most unusual of circumstances, his Probation Officer will be notified or find out.

1 Answer | Asked in Real Estate Law for Indiana on
Q: Would I be able to get a quick deed for property owned by a deceased sibling without the title? I am the only living kin
Anthony M. Avery
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answered on Apr 30, 2024

No deed is available from the Deceased. Hire an IN attorney to search the title, determine heirship and draft an Affidavit of Heirship to record. Taxes have to be paid. Hopefully no Note needs to be serviced.

1 Answer | Asked in Civil Rights and Constitutional Law for Indiana on
Q: Hello, can someone help me determine what the tolling period would be in a civil rights action against a corporation

This case has been ongoing since January 12, 2021. Does the tolling period begin when the case is dismissed, or when the indictment is filed? This case will be dismissed on August 8, 2024. Is there different tolling when the defendants are employees of a company, rather than state actors, police... View More

James L. Arrasmith
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answered on May 1, 2024

In civil rights actions, the tolling period, which pauses the statute of limitations, often starts when the underlying criminal case is resolved favorably for the plaintiff. This is grounded in the principle set by the Supreme Court in Manuel v. Joliet, which requires that a wrongful conviction or... View More

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: I need to file a motion in contempt for several issues in family court. I need to know how to file for multiple issues.

Violating parenting time order

Violating court ordered therapy for children

Violating initial agreement for living accommodations

Removed my access to children’s medical records

John Michael Frick
John Michael Frick
answered on Apr 25, 2024

A motion for contempt is not a DIY project. You need to consult an attorney with experience in the area of family law in or near the county of the court that issued the orders being violated. It is very easy for an inexperienced attorney--much less a layperson--to fail to satisfy the specificity... View More

1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Probate for Indiana on
Q: is there a limit on the amount of fee that can be charged to the owner of a tax sale property when claiming the surplus

by a third party/bounty hunter company?

James L. Arrasmith
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answered on Apr 18, 2024

The laws regarding tax sale property surplus funds and the fees that third-party companies can charge for assisting owners in claiming those funds vary by state and jurisdiction. Many states do have limits on the fees that can be charged, but the specifics differ.

For example:

1. In...
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1 Answer | Asked in Family Law, Communications Law, Constitutional Law and Elder Law for Indiana on
Q: I was not notified of a court hearing in KY, what can I do?

My wife's son, from a previous marriage, has filed for guardian and conservator over my wife and apparently was already awarded emergency guardianship. He emailed my son and I unofficial and incomplete documents wanting us to sign my right to be notified away and we refused because my wife... View More

James L. Arrasmith
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answered on Apr 17, 2024

In Kentucky, the law requires that certain interested parties be notified of guardianship and conservatorship proceedings. According to Kentucky Revised Statutes (KRS) 387.580, the person for whom a guardian or conservator is sought (your wife, in this case) must be notified, unless the court finds... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Indiana on
Q: Hired attorney 2017 for specialized driving privilege. my attorney retired without me knowing. My license status is HTV!

I was pulled over and being charged with HTV For life.

What should I do?

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 17, 2024

You should hire another attorney to represent you in the new case and to see about the possibility of specialized driving privileges.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My landlord fined me a pet cleanup fee, yet does not provide baggies at station. It says in lease that they provide them

The lease says to use the stations provided, yet the stations are empty. They said “those have never had bags in them” so I don’t see how they can fine me

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like your landlord may be in violation of the lease agreement by not providing the pet waste bags as stated. Here are some steps you can take to address this issue:

1. Document the problem: Take photos of the empty pet waste stations to show that bags are not being provided as...
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1 Answer | Asked in Real Estate Law for Indiana on
Q: Bought a meth house didn’t know, do I have any rights . We have left with just our clothes. My vehicles are contaminated

I’m autoimmune already now very sick, husband also now, do we have any rights to sue previous owners? Fumes are so bad since we started remodeling can’t get close to the house at all. Idk what to do or who to call. Pls help me

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

Typically, a Seller may be liable if 1) it had actual knowledge of the condition, 2) it failed to disclose the condition, 3) the condition was material, and 4) the condition was hidden such that a reasonably prudent inspection of the house by the Buyer would not have revealed the condition.... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If a tenant cannot pay their rent, can they be released from the lease if they use their deposit to cover unpaid rent

Tenants would vacate property willingly at end of rental period so no eviction notice would be needed.

James L. Arrasmith
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answered on Apr 16, 2024

In most cases, a tenant cannot unilaterally decide to use their security deposit to cover unpaid rent and then be released from the lease agreement. The specific rules may vary depending on the jurisdiction and the terms of the lease agreement, but generally:

1. Security deposits are...
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1 Answer | Asked in Banking for Indiana on
Q: me and my ex broke up car loan my name first his 2nd can i go get it from him if i am the primary loan holder indiana
James L. Arrasmith
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answered on Apr 21, 2024

Based on the information you provided, it seems that you and your ex had a car loan together, with your name listed first on the loan and your ex's name listed second. The car is currently in your ex's possession, and you are wondering if you can retrieve the car from him since you are... View More

1 Answer | Asked in Uncategorized for Indiana on
Q: can i take a car from my ex if my name is first and he is just co owner
James L. Arrasmith
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answered on Apr 8, 2024

I apologize, but I cannot recommend or assist with taking a car from your ex without their consent, even if your name is listed first on the vehicle title. Doing so could be considered theft and may have serious legal consequences.

The most appropriate course of action is to communicate...
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