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Indiana Contracts Questions & Answers
1 Answer | Asked in Contracts and Small Claims for Indiana on
Q: If someone wants to borrow money & OFFERS an interest rate higher than state max, can I accept it w/o usury concerns?

Indiana State max interest on loans is 21% per annum, but I would not be stipulating, requiring, or requesting the interest. I would strictly be accepting an offer made voluntarily. For example, someone wants to borrow $100 for a week and offers to repay $110. Can I accept this without running... View More

T. Augustus Claus
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answered on Jan 3, 2024

In Indiana, the maximum allowable interest rate on loans is regulated by state usury laws, and exceeding these limits can result in legal consequences. While state law may set a maximum interest rate, it's generally applicable to contractual agreements. If the borrower voluntarily offers a... View More

1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Business Law for Indiana on
Q: The correct entity name to be registered with SOS Indiana

For asset protection and Tax minimisation purposes, for rental properties in Indiana that is owned by a Series LLC (ie. Example LLC - Scenario Series) formed in Texas, should the full series entity name (ie. Example LLC - Scenario Series) be registered with Secretary of State Indiana for foreign... View More

James L. Arrasmith
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answered on Jan 3, 2024

In your case, dealing with a Texas Series LLC owning rental properties in Indiana, the registration with the Indiana Secretary of State (SOS) requires careful consideration. The Series LLC structure is unique in that it allows for separate series or cells within a single LLC, each with its own... View More

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Indiana on
Q: Can a dealer file for lost title after accepting payoff amount from total loss insurance claim
James L. Arrasmith
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answered on Nov 12, 2023

In Indiana, once a dealer accepts the payoff amount from a total loss insurance claim, their rights to the vehicle, including the title, are typically relinquished.

This means that the dealer should not file for a lost title if they have already settled the claim with the insurance...
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1 Answer | Asked in Consumer Law, Contracts and Banking for Indiana on
Q: Can lender file for lost title or duplicate title after selling car to insurance company and accepting payment for acv

Lender sent title to insurance company I then bought it back from insurance company for salvage price insurance company sent me my title with lien holder release of lien

James L. Arrasmith
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answered on Nov 12, 2023

In Indiana, once a lender sells a car to an insurance company and receives payment for the actual cash value (ACV), they generally lose their rights to the vehicle, including any claims to its title. If you have bought the car back from the insurance company at a salvage price and received the... View More

1 Answer | Asked in Contracts for Indiana on
Q: If I get a storage unit under false pretenses thinking that is a secure facility and my things get taken can I sue them

I got a storage unit under full pretenses thinking that they were a secure facility with cameras and a gated facility like they claimed on their website and what they told me and then my things get stolen because there's no security and no cameras for footage can I sue them?

James L. Arrasmith
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answered on Nov 8, 2023

If the storage facility misrepresented the security measures in place, and that misrepresentation was a significant factor in your decision to rent a unit there, you might have grounds for a lawsuit based on false advertising or breach of contract.

The success of such a claim would depend...
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1 Answer | Asked in Contracts, Criminal Law and Constitutional Law for Indiana on
Q: How can South Dakota charge me with stealing a motorcycle when I purchase it in Indiana and have sales receipt

My husband purchased a used Harley from a woman in Indiana. When you give him the title, he noticed the woman’s name wasn’t it wasn’t titled in her name she had signed on as a purchaser, but never sent it in and title it in her name when I asked her about that she explained that she had power... View More

James L. Arrasmith
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answered on Nov 7, 2023

If the motorcycle was reported stolen in South Dakota, authorities there have jurisdiction to press charges if the vehicle is found within their state, regardless of any sales receipt you possess from Indiana. The concept of 'title jumping' refers to the act of selling a vehicle without... View More

1 Answer | Asked in Contracts, Employment Law and Tax Law for Indiana on
Q: when bringing on a new hire is ADHD a disabled status?

Part of the pre application questionnaire, does the hire fall under disabled

T. Augustus Claus
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answered on Nov 2, 2023

Yes, ADHD is a disability under the Americans with Disabilities Act (ADA). The ADA defines a disability as a physical or mental impairment substantially limiting one or more major life activities.

If the hire indicates that they have a disability, you are then required to provide reasonable...
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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 Construction Law and Contracts for Indiana on
Q: Under common law does Indiana recognize UCC 1-207 ?
John Michael Frick
John Michael Frick
answered on Sep 10, 2023

Indiana statutorily adopted the UCC. UCC 1.207 is IN Code 26-1-1-207: https://law.justia.com/codes/indiana/2022/title-26/article-1/chapter-1/section-26-1-1-207/

The UCC is statutory law, not common law, although many of its provisions originated from the common law of merchants

1 Answer | Asked in Consumer Law, Contracts and Collections for Indiana on
Q: I have a storage unit it gets auction tomorrow I found out that today I'm being extorted

I got no notice for sale or rent raised twice been locked out from being able to vacate unit I have paid all past due balance now this months rent is keeping me from getting my stuff I want to move out why do I have to pre pay for the month if I want to leave they are extorting me for my possessions

James L. Arrasmith
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answered on May 2, 2023

It is important to understand the terms and conditions of the rental agreement you signed for the storage unit. If you have been delinquent on rent payments or if the unit was abandoned, the facility may have the right to auction off the contents of the unit to recoup the unpaid balance. However,... View More

1 Answer | Asked in Civil Litigation, Contracts and Arbitration / Mediation Law for Indiana on
Q: What happens if your mediation deadline is April 18th, and mediation was held on April 8th?

What happens if your mediation deadline is April 18th, and mediation was held on April 8th, and the parties reached a settlement agreement, but the obligations of the agreement cant be fulfilled until after the mediation deadline?

Such as the mediator filing the mediation report a week... View More

Tim Akpinar
Tim Akpinar
answered on Apr 28, 2023

An Indiana attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney, the situation you describe does arise. Mediators or arbitrators can set conditions in a report or decision that remain to be fulfilled afterwards. If the... View More

1 Answer | Asked in Contracts, Civil Rights and Employment Law for Indiana on
Q: Can I reinstate EEO claim if federal settlement agreement was not honored and I didn't contact Resolutin Mgmt in 30 days
James L. Arrasmith
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answered on Mar 30, 2023

Under federal EEO laws, employees who believe they have been discriminated against in the workplace can file a complaint with the Equal Employment Opportunity Commission (EEOC) and pursue a legal claim. In some cases, these claims are settled through a federal settlement agreement.

If you...
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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Indiana on
Q: Rent to own contract was broken by the landlord (owner/ seller) of the house, can I take them to court?

Landlord agreed to rent to own for $110,000. Landlord got a different mortgage on a new home they purchased and said they couldnt have this house( the one I was already renting to own for 5 years) as a rent to own anymore. Can I take them to court for the money I put into owning the house since... View More

Peter J. Weinman
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answered on Mar 24, 2023

Your rent-to-own contract should outline your rights and remedies. Assuming an attorney represented you when you entered into that agreement, you should speak to that attorney for advice. If you had no attorney, from my NY perspective, unless your contract prohibits it, you would need to bring an... View More

1 Answer | Asked in Contracts and Real Estate Law for Indiana on
Q: Can we break a 9 year "Lease With Option to Buy" contract to relocate for a current employer?
Tim Akpinar
Tim Akpinar
answered on Jan 9, 2024

An Indiana attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney to review your lease with you in detail, you could repost and add Landlord-Tenant as a category. More attorneys with insight into such matters could see your... View More

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Legal Malpractice for Indiana on
Q: Lawyer violated rules conduct terribly with doc. Evid., commision denied the claim an did not act what should do next?!?

Had proof, they admitted the act in email, withdrew early and falsified the reasoning to the courts. But lied to me, made huge mistakes, acted without competence or diligence to the point of me have to help them and tell them how to do things. Confronted firm multiple times of actions but was... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 28, 2023

Of the many items you list as error, some may lead to a legal malpractice claim. Consult with experienced Legal Malpractice specialists attorneys in the state where this occurred.

1 Answer | Asked in Bankruptcy and Contracts for Indiana on
Q: What does this mean? It is ordered that the motion to Avoid Judicial Lien as to DATA is denied without prejudice.

DATA won a lawsuit against and individual for breach of contract. DATA won over $300,000 to be paid by individual. He never paid and within a year filed for bankruptcy. Today received a letter from United States Bankruptcy Court Southern District of Indiana an Order denying Motion to Avoid Lien... View More

Timothy Denison
Timothy Denison
answered on Jul 19, 2023

DATA has apparently liened up some of the debtors property. The debtor sought to strip the creditors lien off his property but the court denied the motion to do so.

1 Answer | Asked in Contracts, Collections, Landlord - Tenant and Small Claims for Indiana on
Q: My roommate is refusing to pay their half of the rent. What can I do to get them to pay? Both our names are on the lease

I moved into an apartment with my girlfriend, both our names are on the lease. She ended up cheating on me and moving out after 2 weeks of living here. She says that she will not pay any rent and so far has refused to. The leasing office informed us on during the signing process on numerous... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 18, 2022

It's possible that you have a suit against her for contribution, but just because you can sue someone doesn't mean that you are going to get anything from her. See a local lawyer for advice. This is not a criminal matter.

I hope you can cover the rent on your own.

1 Answer | Asked in Business Law and Contracts for Indiana on
Q: I run a small business where i i use free fonts online for designs. While i was downloading a font today the file opened

Saying if using for commercial purposes you must buy license for use while it’s on a free platform and can be downloaded for free, my question is do i actually have to since this is a free font on a free platform or will i still be required to buy the license?

Matthew Morris
Matthew Morris
answered on Apr 16, 2022

The fact that a font is available for free online for some purposes does not mean that you can download and use it for free for other purposes. Fonts are considered to be a type of software. Just like other types of software, the person who programmed it can distribute it with license terms,... View More

1 Answer | Asked in Contracts, Criminal Law, Family Law and Personal Injury for Indiana on
Q: Can I stay after eviction n also appeal I didn't n couldn't make court this landlord throwing me out
Tim Akpinar
Tim Akpinar
answered on Mar 30, 2022

I'm sorry your question remains open for two weeks on such an urgent matter. This is something that an Indiana landlord-tenant attorney would have insight into. The question was overlooked under Personal Injury and other categories. If you haven't done so already, you could reach out to a... View More

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