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Indiana Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Indiana on
Q: Can my homeowners insurance refuse to replace my furnace if it was damaged by a power surge and voided the warranty?

The AC/furnace is 4 months old and had a 10 year warranty. The power surge voided the warranty. The insurance company wants to fix it instead of replacing it, which means I lose the remaining 9+ years of warranty. They also want to pay me $500 to replace a $1200 washing machine that the power... View More

Tim Akpinar
Tim Akpinar
answered on Sep 20, 2023

An Indiana attorney could advise best, but your question remains open for two weeks. On option might be to discuss their proposed repair/component replacement with your furnace company (if you mean their warranty) - if the power surge only affected control components. Another route could include... View More

1 Answer | Asked in Contracts for Indiana on
Q: My mom had power of attorney on me while I was in jail she sold my property and she has kept all the money. What can I d

I have the contract and receipt book where she's gotten all the payments, she won't give me my money.

James L. Arrasmith
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answered on Sep 11, 2023

Since your mom had power of attorney while you were in jail, she had the right to manage your assets, including selling your property. However, she had a fiduciary duty to act in your best interest. Misappropriating the funds from the sale could be a breach of that duty. You may consider gathering... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: What damages can I recover from a illegal eviction in indiana?

Case was decided as a illegal eviction in court I was put on the street and homeless for a month without any of my belongings

T. Augustus Claus
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answered on Sep 6, 2023

In Indiana, if you've been a victim of an illegal eviction, you may be eligible to recover various types of damages. These can encompass actual financial losses related to the eviction, punitive damages if the landlord's actions were particularly wrongful, attorney's fees and court... View More

1 Answer | Asked in Animal / Dog Law for Indiana on
Q: Neighbor threatened to call animal control and the police if he saw my dog tide up outside.

I have a 3 month old pit bull. I sometimes tide him up in the yard because my yard is not fenced. Yesterday I had tide the dog up because he wanted to be out, but I had things to do in the kitchen. Whenever he is tide up I always leave the back door open with the screen door closed to be able to... View More

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

Hire a good lawyer to try to fight the charges. But you will likely lose. Leaving a dog tied up outside probably constitutes animal cruelty.

If you want to avoid criminal charges, build a fence or at least a dog run.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: What does a tenant do when a landlord refuses to take rent payment
T. Augustus Claus
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answered on Sep 4, 2023

When a landlord refuses to accept rent payment in Indiana, it can create a challenging situation for tenants. It's essential to document all attempts to pay rent, including copies of checks or money orders and any communication with the landlord. Start by sending a written letter or email to... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: How can you be charged with driving under the influence of a schedule 1 or 2 controlled substance when you refuse test

I was pulled over and refused the chemical test and was arrested for driving under the influence of a schedule 1 or schedule to controlled substance and they owed me without taking me to my initial hearing and then when I went to the court date that I was supposed to go to the next day I had a... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Sep 6, 2023

If you have not yet hired an attorney, you should do so asap. If you cannot afford an attorney, then you will need to request a public defender.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I got a class C misdemeanor for driving without a license. However I have gotten my drivers license. Before my...

Sentencing and was wondering with this being my very first ever to get into trouble how likely am I to go to jail. I have a child with autism and I am his main caretaker as I've said before I've never gotten into trouble with the law before and I'm unsure how my court sentencing date... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Sep 6, 2023

Without knowing the specifics of your case as well as which court and the judge and prosecutor's take on such cases it is hard to say. You should contact an attorney who practices in the court where your case is pending and have a consultation.

1 Answer | Asked in Construction Law for Indiana on
Q: Can I place a construction lein on a nursing home in Indiana for worked preformed

If I was contracted by a company to preform labor and they failed to pay me for my services

Michael Ray Smith
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answered on Sep 3, 2023

Maybe, depending on the facts. One particularly important fact is how long it has been since you worked on the project. For this type of construction, assuming the nursing home is privately owned (other rules apply if it is publicly owned), you have 90 days after the last day you provided labor... View More

1 Answer | Asked in Medical Malpractice for Indiana on
Q: if a family doctor orders upper and lower colonoscopy but the other doctor that does test only does one and not other

my family doctor ordered a upper and lower for same time the other doctor did not do both only one then lied to me and said he did do both but only shows he done lower

Joel Gary Selik
Joel Gary Selik
answered on Sep 2, 2023

While this is likely malpractice, it may not be sufficient harm to warrant a case; consult with a medical malpractice attorney.

1 Answer | Asked in Employment Law for Indiana on
Q: My boss threw a work party at a local bar and encouraged us to attend. One senior manager got drunk and shoved me

Is this workplace violence

T. Augustus Claus
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answered on Sep 1, 2023

The incident involving a senior manager getting drunk and physically shoving you at a work-related event can be concerning and may potentially be considered a workplace issue, particularly if it occurred in the context of a company-sanctioned event. To address this situation, it is advisable to... View More

1 Answer | Asked in Personal Injury for Indiana on
Q: Can I file a Tort Claim on behalf of myself & my child for mental, emotional, & psychological trauma? My child is 14.
Tim Akpinar
Tim Akpinar
answered on Sep 11, 2023

A local attorney could advise best, but your question remains open for two weeks. Try to arrange a free consult with a law firm - your child probably can pursue rights if there is a valid claim - however, each jurisdiction is different in how it handles the infant's award. Nationwide, courts... View More

2 Answers | Asked in Criminal Law for Indiana on
Q: Can police come to my house and say .they got me for dealing 6 months ago. But if I work for them they'll drop the deali

They had no warrent and they pulled over someone that left my house 6 months ago an got them with lot of drugs an think I deal but I do not deal drugs

Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 31, 2023

Sounds like the person who left your house 6 months ago threw you under the bus. You should consult with a local criminal defense attorney. They may be able to reach out the prosecutor or police to get more information and help control the situation for you.

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1 Answer | Asked in Criminal Law for Indiana on
Q: Can Indiana seize a car that was allegedly used to sell a controlled substance before the person is convicted
T. Augustus Claus
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answered on Aug 31, 2023

In Indiana, it's possible for law enforcement to seize a car that is allegedly used to sell a controlled substance before a person is convicted. This practice, known as civil asset forfeiture, allows authorities to take property suspected to be connected to criminal activities. However, due... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can your landlord let rent a center into your home to reposess items if you are behind on 2 payments w/o your approval
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answered on Aug 30, 2023

A landlord generally does not have the authority to allow Rent-A-Center or any other third party to enter your home without your permission to repossess items, even if you're behind on payments. Landlords have certain responsibilities and limitations when it comes to entering rental... View More

1 Answer | Asked in Tax Law for Indiana on
Q: Tax lien sale Indiana, a property sells to bidder. Can the owner sell property during 1 year redemption period?

I am the buyer of tax lien certificate. Can original owner sell the property during one year redemption period? And pay taxes at closing.

James L. Arrasmith
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answered on Sep 14, 2023

In Indiana, the property owner generally has a one-year redemption period during which they can pay the delinquent taxes and associated costs to reclaim their property. During this period, the owner typically retains the right to sell the property, but any sale would need to address the outstanding... View More

1 Answer | Asked in Employment Law for Indiana on
Q: How come I don't get compensation for operating self checkout, bagging? Employee or contractor?

Want to file class action lawsuit against Walmart.

I run checkout machine and don't get compensation. I didn't get any training, safety or work instructions.

John Michael Frick
John Michael Frick
answered on Aug 28, 2023

Do you need any training, safety or work instructions to operate a self checkout and to bag your own groceries?

1 Answer | Asked in Criminal Law for Indiana on
Q: I was initially being charged with a felony 6 but when I went to my Pre-Trial hearing it says misdemeanor A.

Did they drop a charge ?

T. Augustus Claus
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answered on Aug 25, 2023

It seems that the charge against you has been reduced from a felony level 6 to a misdemeanor

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Can a police officer lie about doing you a "favor and writing the ticket so it doesn't go to the state"?

I was told this exact statement, then advised to just pay the fee online. Never occurred to me he could be wrong on purpose or just mistaken. I have points on my license now. I paid the ticket online, never imagining what I was doing was a huge mistake. Because I didn't know he was wrong/not... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 23, 2023

Depending on where the case is filed you may be able to file a motion to set aside the judgement and enter into a new agreement. You need to ask yourself are the fees paid to an attorney worth the points coming off your record? or Is my insurance rates going up so if I can get the judgement set... View More

2 Answers | Asked in Criminal Law and DUI / DWI for Indiana on
Q: What are the chances of getting a felony 6 due to a DUI in the last 7 years to a misdemeanor?
Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 23, 2023

It will depend on many factors including, how long since the last conviction and the strength of the prosecutor's case among other factors. Many counties will allow a reduction after completing probation. You should consult with a criminal defense attorney who practices in the county where... View More

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1 Answer | Asked in Criminal Law for Indiana on
Q: Can a judge file a motion to execute sentence and file a petition to revoke probation at the same time and consecutively
Andrew L. Bennett
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Andrew L. Bennett
answered on Aug 22, 2023

No, Judges do not file motions in their own court, they issue orders. Attorneys, self represented persons, probation officers file motion/petitions.

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