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Indiana Questions & Answers
1 Answer | Asked in Bankruptcy for Indiana on
Q: I own my home worth nearly $80,000 paid off. Considering chapter 7 for debts nearly $30,000. Will I lose my home?

I have no income, separated from husband, five kids and job hunting. Wage garnishments orders are also coming in the mail. All my debt is credit card debt.

Timothy Denison
Timothy Denison answered on Oct 16, 2019

It sounds like you may need to file a chapter 13 to save your home. Contact a competent bankruptcy attorney to guide you through it.

1 Answer | Asked in Divorce for Indiana on
Q: When preparing an affidavit as a witness, should state and county of where case is be at the top? Or state of witness?
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Oct 15, 2019

The State and County of the matter/action

2 Answers | Asked in Criminal Law and Federal Crimes for Indiana on
Q: I would like to know if I have a case on my hands. I was arrested for Auto Theft in Sep. 17, 2019 between 5-6pm.

I was told I was in video with my boyfriend and another male commuting this crime. The detective who file for the warrant came to my house previously and I told him I did not do this crime and I was willing to give any evidence to prove this to be true I had an alibi. The detective accused me of... Read more »

Gary Kollin
Gary Kollin answered on Oct 13, 2019

If you are convicted by plea or trial you have no case.

I think you should concentrate on your case before you consider a civil suit

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1 Answer | Asked in Car Accidents for Indiana on
Q: what kind of attorney do I contact in Indiana to sue an uninsured driver? My insurance is not involved

I was hit yesterday by an uninsured motorist who was driving his girlfriends car, which was also uninsured. I do have full coverage, however the day that I got hit, I had literally just reinstated my insurance like not even an hour before (I was in another state for 5 months and didn’t need it).... Read more »

Charles Candiano
Charles Candiano answered on Oct 12, 2019

Assuming the accident was NOT your fault, you do NOT need an attorney, UNLESS YOU WERE INJURED. If you were injured, contact a personal injury attorney. They will file a UM claim against YOUR carrier. If you reinstated your insurance at 11:59 and then had an accident at noon, you are still... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: What is a typical punishment for a first time offender pleading guilty to 35-43-4-2(a)/MA: Theft
Andrew L. Bennett
Andrew L. Bennett answered on Oct 11, 2019

It is difficult to answer that without more information. It will depend on the local practices of the prosecutors office and the particular court. However, if the person has no criminal history it is not likely they would go jail. Additionally, if this is their first offense they should consider... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Civil Rights and Landlord - Tenant for Indiana on
Q: Eviction is a mess
Tim Akpinar
Tim Akpinar answered on Oct 11, 2019

Part of your question might have gotten left off in uploading. If you could repost with additional details (do not include personal information), that might enable an Indiana attorney to meaningfully assess the matter. Good luck

Tim Akpinar

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Got a speeding ticket and didn’t have my proof of insurance on me, the officer added no DLN and wrong DOB on ticket?

What should I do?

Andrew L. Bennett
Andrew L. Bennett answered on Oct 10, 2019

You can see if the Prosecutors Office is willing to negotiate the case with you. If you pay the ticket it will likely increase your insurance rates therefore, if the prosecutors office is not willing to negotiate with you, consider hiring an attorney.

1 Answer | Asked in Traffic Tickets for Indiana on
Q: I got a speeding ticket 72 in a 55 . Wen I went online to see the balance The info he type in was incorrect.

He enter my personal info incorrect and my race is enter incorrect . Can this ticket get dismissed if the info he enter in the database incorrect.

Andrew L. Bennett
Andrew L. Bennett answered on Oct 10, 2019

How much of the information is incorrect? Generally, the State can correct the scriveners errors at any time so its not likely it will be dismissed. However, if the ticket is more wrong than correct, you may find a sympathetic prosecutor to agree to dismiss or defer. Call the prosecutors office... Read more »

1 Answer | Asked in Family Law, Civil Rights, Health Care Law and Medical Malpractice for Indiana on
Q: Please, how do I obtain a Psychiatric Advanced Directive? And will it even work?

Should've known no one would answer this...

Jonathan Armiger
Jonathan Armiger answered on Oct 9, 2019

Indiana Code sections 16-36-1.7-0.5 to 16-36-1.7-5 deal with Psychiatric Advance Directives, including requirements to execute a directive as set forth in Indiana Code section 16-36-1.7-2. You can view these and other Indiana Code sections online using this website:... Read more »

1 Answer | Asked in Environmental, Health Care Law and Landlord - Tenant for Indiana on
Q: How do I go about getting information about how to get my landlord to spray for cockroaches in my house with out evicted

Without being evicted is what I meant to say

Tim Akpinar
Tim Akpinar answered on Oct 9, 2019

You would get the most meaningful input here from an Indiana attorney who knows landlord-tenant law. But your question remains open for four weeks and you include Environmental/Health Care as categories. If your apprehension about disturbing your landlord is based on a fear of creating expense, you... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Indiana on
Q: If a law officer runs your plates and the registration comes back correct but the paint color is different

Is this grounds to pull you over

Paul Stanko
Paul Stanko answered on Oct 8, 2019

Yes. I had this exact issue arise in an Elkhart County drug case.

1 Answer | Asked in Criminal Law for Indiana on
Q: What can I do about neighbors leaving trash in my front yard?

They sit outside all night revving their engines on cars that soumd like theyre missing a muffler, then when they leave they leave all their trash in the street and in my yard.

Gary Kollin
Gary Kollin answered on Oct 7, 2019

Video record and then call the police

1 Answer | Asked in Divorce for Indiana on
Q: Can I file for divorce without a lawyer
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Oct 7, 2019

Yes.

2 Answers | Asked in Tax Law for Indiana on
Q: Am I able to refile taxes as single once they have been filed as joint return?

My wife and I separated in October of 2017, neither of us had the money to file for a divorce at the time. We still lived together until May of 2018 before I was able to move out. I then moved out and lived on my own, then in late September of 2018 she because homeless and I let her move in with me... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 7, 2019

"I was recently informed that I did not legally have to do that since we were not together."

That's not correct.

You have to be divorced or legally separated, not just living separate, to file any way other than Married Joint or Married Separate....
Read more »

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1 Answer | Asked in Traffic Tickets, Gov & Administrative Law and Municipal Law for Indiana on
Q: Are biker groups rides for a cause allowed to to run red lites as w funeral processions? In Indiana?
Andrew L. Bennett
Andrew L. Bennett answered on Oct 6, 2019

The short answer is no, however, if prior arrangements are made with the city or town to have a police escort then most likely it would be yes.

1 Answer | Asked in Criminal Law for Indiana on
Q: Level 6 and 5. Misdemeanor b same case no. Looking for 1 to 1 1/2 years mcc home detention and some probation. Possible?
Andrew L. Bennett
Andrew L. Bennett answered on Oct 6, 2019

Would need much more information than what you have provided to even attempt an answer. It will depend on the specifics of the charges, if a victim is involved, criminal history, etc.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Will my bankruptcy lawyer show up with me to my court hearing?
Timothy Denison
Timothy Denison answered on Oct 5, 2019

I’m sure he will if he’s been paid.

1 Answer | Asked in Civil Rights for Indiana on
Q: I was wondering about where you think the disparity of sentencing between men and women come from?

Men receive on average 63% harsher sentences. After some research this partly has to do with race. However, there is still a sizable gap (around 30%) that is unexplained.

Gary Kollin
Gary Kollin answered on Oct 3, 2019

This is not a legal question. It is one regarding policy.

I am sure there are many treatises and other writing you can study

1 Answer | Asked in Child Support, Divorce and Family Law for Indiana on
Q: In the state of indiana do you have to fill out a financial worksheet for support even if you are doing joint custody?
Clarissa Finnell
Clarissa Finnell answered on Oct 3, 2019

If you are asking if you will be required to file a child support worksheet in cases where you share joint physical custody then the answer is most likely "yes". It is not necessarily the case that neither party pays support when they share equal time with their children. Indiana utilizes an... Read more »

1 Answer | Asked in Probate for Indiana on
Q: My mother passed away in May I found out who her attorney was if he has a copy of the will is he obligated to show it

Our little sister keeps avoiding as about showing as the will

Nina Whitehurst
Nina Whitehurst answered on Oct 3, 2019

To administer the will it must be lodged with the local probate court and a probate case must be opened. If your sister is dragging her feet on this, YOU can open a probate case yourself and notify the court that she has the will. The court can order her to produce the will. In some states there... Read more »

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