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Indiana Questions & Answers
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

0 Answers | Asked in Estate Planning, Family Law and Elder Law for Indiana on
Q: Parents recently passed away, now step brother accusing me of stealing everything does he have a case to take to court?

Father in declining health, step mother diagnosed with dementia. They made arrangements to move to assisted living but before that could happen she declined rapidly and had to be put in a memory care facility. My father went ahead and moved as he could not stay alone. He went through the process to... 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

0 Answers | Asked in Landlord - Tenant for Indiana on
Q: In the state of Indiana can a landlord evict me? She says she needs her house back to so she doesn’t lose child custody

She said she has every right to evict me. I’m a single mother with a 2 month old baby. She says she needs her house back in 7 weeks to show the courts she has a stable home for her son so she doesn’t lose a child custody battle with her x boyfriend. Problem is I don’t have the money to afford... View More

0 Answers | Asked in Probate for Indiana on
Q: What rights does surviving spouse have if property owned is in the name of descendent's father?

The married couple owned property and built a house but for whatever reason put the deed in the husbands father's name, now the decendants family is attempting to evict surviving spouse and child

0 Answers | Asked in Business Law for Indiana on
Q: What are the time constraints on a lawsuit. I am sewing my boss for stealing my money out of my compensation account.

The lawyer team took my case on deferred payment so it’s not like I am paying them so I feel they are procrastinating. But I am paying them a percentage of what they win or my feelings what is my money and I am just getting it back finally. Been a full year now.

0 Answers | Asked in Child Custody for Indiana on
Q: I recently moved out of state but I have an active child custody arrangement from the court where i moved from

I don’t know what I should do I already contacted the attorney general where I am located

0 Answers | Asked in Criminal Law for Indiana on
Q: I made a very bad decision and I received a citation for shoplifting from Walmart

I am ashamed and embarrassed as I have never gotten in trouble for anything much less this. I have no idea what to expect. I have an initial hearing on Tuesday. I’ve been told that I will qualify for pretrial-diversion. I just have to show up Tuesday in order to do so. I am scared and nervous... View More

0 Answers | Asked in Criminal Law for Indiana on
Q: Power of Attorney or Authorization letter. What form should my friend use to give me permission to speak with lawyers

what form so I can speak to friends lawyer and lawyer can speak back to me about friends pending criminal case in indiana. he is incarcerated and he wants me to talk to his public defender and/or hire a new attorney. will a general power of attorney allow me to do that

2 Answers | Asked in Immigration Law for Indiana on
Q: I-765: Initial or Renewal of permission to accept employment?

As an F-1 student, I have previously submitted form I-765 (employment authorization). Now while applying for adjustment of status after marrying a US citizen, should I say that this is my initial permission to accept employment? Or is it a renewal of my permission to accept employment?

James L. Arrasmith
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answered on Apr 20, 2024

When you previously filed Form I-765 as an F-1 student, it was likely for Optional Practical Training (OPT) or Curricular Practical Training (CPT). However, applying for an adjustment of status after marriage to a U.S. citizen introduces a different context for employment authorization.

In...
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0 Answers | Asked in Criminal Law, DUI / DWI and Divorce for Indiana on
Q: Can I write a letter to judge asking for probation terms for a DUI conviction of a co parent - to protect my kids?

My kids dad got a dui. Has several prior about 10 years ago. He just filed a plea agreement. He has a sentencing hearing coming up and judge will set probation terms. Can I write a letter to the judge asking him to consider certain conditions of probation? Like requiring an ignition interlock... 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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0 Answers | Asked in Estate Planning and Family Law for Indiana on
Q: Elderly parents, stepmother diagnosed with dementia and father had health issues. When it became too much for them alone

They were going to move to assisted living but she declined rapidly and had to be moved to memory care. She was on Medicaid. As her POA my father had to take her name off house & car & separate bank acct. He added me to his bank acct(with rights of survivorship) and made me his beneficiary... View More

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

0 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Indiana on
Q: I need advice on a quit claim deed.

I need advice on a quit claim deed. I am wanting to file the deed so my son is the deed holder. My mortgage and the current deed is in both my wife's and my name. My wife moved out of state 4 years ago and has not paid or contributed anything whatsoever to our home or property. Our son and his... View More

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