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Indiana Questions & Answers
1 Answer | Asked in Criminal Law for Indiana on
Q: What does order granting petition to revoke probation mean?
Andrew L. Bennett
Andrew L. Bennett answered on Jan 12, 2021

It means either the probation or the prosecutor filed a petition revoke a person's probation for violating a term of probation. The court granted the filing of the petition and either a summons or a warrant will be issued.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can we break a lease if our landlord isn’t doing anything about an almost daily nightly noise complaint we have to make?

Our neighbors have a sub woofer in their apartment and they play music all night long. We have called the complex’s courtesy officer, sent emails and have tried to set up meetings with management but they keep ignoring us. This has been going on for months and we have saved all our communication... Read more »

Troy Tyson
Troy Tyson answered on Jan 12, 2021

You should advise the landlord that you are prepared to take additional legal action if the problem is not quickly dealt with. A satisfactory informal resolution is probably your safest, quickest outcome here.

1 Answer | Asked in Family Law and Child Support for Indiana on
Q: What Court Form do I use to petition Indiana court to terminate arrearages on two adult children if both parties agree?
Troy Tyson
Troy Tyson answered on Jan 11, 2021

You should contact your local court clerk, they may have templates you can use. You should also consider consulting with a family law attorney, who can possibly help you draft the document you need.

2 Answers | Asked in Bankruptcy for Indiana on
Q: Can I cover money in the checking account with the Indiana wildcard exemption?

I know each filer has $400 allowed in the account, but can we exempt our tax refund with the wildcard exemption?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 9, 2021

If you use the Federal exemptions, and do not use the "wild card" on other property, yes.

And pursuant to Indiana Code Title 34. Civil Law and Procedure § 34-55-10-2(c)(11), your income tax refund should be exempt as well.

I'm in PA, and bankruptcy debtors can choose...
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2 Answers | Asked in Bankruptcy for Indiana on
Q: in Indianapolis Indiana, recently unemployed, how do find a Pro Bono Lawyer? Trying file chapter 7 over 30,000 in debt

Medical and Credit Card bills pilling up. I was recently in hospital last month for diabetes and high blood pressure. Do not want the stress of creditors calling me, sueing me and wage garnishment when I return to work. Trying file Chapter 7 before returning to work. Do not want have file for... Read more »

David Luther Woodward
David Luther Woodward answered on Jan 8, 2021

Doing your own Chapter 7 is roughly equivalent of doing your own appendectomy.

Have you talk to a Bankruptcy lawyer. There are now methods to pay for the 7 after filing, but what's the rush? Wait until ALL THE MEDICAL BILLS ARRIVE. Providers are notorious for taking their time bill...
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1 Answer | Asked in Consumer Law, Copyright, Business Formation and Business Law for Indiana on
Q: Can I buy a website very similar to a popular brand’s site and use that to sell similar merchandise?

The website I would be buying is the same words just moved around. And the merchandise would potentially be clothing designed to look similar to the original brand’s clothing but not the same. Or would it be legal to offer this new and similar domain to the owner of the original for a price?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 8, 2021

don't do it

too close for comfort

you can be sued

consult with an attorney

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Can I still get a weapons permit if I have a class a misdemeanor charge for domestic violence.
Andrew L. Bennett
Andrew L. Bennett answered on Jan 6, 2021

If you have a conviction for a domestic battery there is a brady disqualifier that will prevent you from obtaining a gun permit. Depending on how long ago the conviction was you may be able to have it expunged. Consider speaking with a local criminal defense attorney.

1 Answer | Asked in DUI / DWI for Indiana on
Q: Pulled over for OWI; passed the field test, field breathalyzer, and station machine. Then did blood draw and said fail.

How do I find out what results were and is he allowed to keep forcing me to take tests?

Andrew L. Bennett
Andrew L. Bennett answered on Jan 6, 2021

You will find the results once you receive discovery from the prosecutor's office. An officer can request multiple chemical tests, however you should consult with an experienced criminal defense attorney to determine if it was all done correctly.

1 Answer | Asked in Bankruptcy for Indiana on
Q: Is unemployment income exempt in a chapter 7 bankruptcy in Indiana?

I was told that the stimulus payments were exempt and could be kept, but will the additional $300 in unemployment income be safe as well? For example, if I receive $3,000 in unemployment income, am I allowed to have that in the bank account when I file? We are filing after we receive our tax... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Jan 6, 2021

The tax refund is not exempt on it's own, but there's a federal wildcard exemption of $11,000 you may be able to use, depending on your other assets. You need to speak to an attorney to review all your financial details and advise you about what will be exempt.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Can my husband ex keep him from seeing daughter because new wife?

She will not let him see daughter cause we are married with our own son an live together. She has sole custody an he has reasonable rights an pays child support. Isn't this contempt of court?

Troy Tyson
Troy Tyson answered on Jan 6, 2021

The answer would heavily depend on the specific facts of your case, but in most cases, parents cannot withhold children simply because the other parent has married. She may be in violation of the court's order. It might be worth your while to sit down with an experienced family law attorney to... Read more »

1 Answer | Asked in Appeals / Appellate Law for Indiana on
Q: WHO CAN ASSIST ME WITH A CASE THAT WAS ALREADY APPEALED IN THE US COURT COURT OF APPEALS
Tim Akpinar
Tim Akpinar answered on Jan 5, 2021

I'm sorry your question remains open for five weeks. Not every post is picked up, but at this point, you could try the Find-a-Lawyer tab above for attorneys in the Indianapolis region. Good luck

Tim Akpinar

1 Answer | Asked in Child Support for Indiana on
Q: Can I get back child support for the 16 months we were seperated before child support was court ordered?

My husband and I have been seperated since August 2018. I finally got child support ordered in Dec 2019. He did not help with the kids and has no contact with them. Can I get support for the 16 months prior to when we had our hearing in Dec 2019. Due to Covid our divorce hearing has been moved... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Jan 5, 2021

The short answer is generally yes. But if you have an attorney you should be consulting directly with him.

1 Answer | Asked in Land Use & Zoning for Indiana on
Q: Hello, Attorney: I have a question about ownership of land

My husband purchased a farm property six days before our marriage in August 26, 2004. Since he had a bankruptcy, he had the land deed titled with his son's name so that he could get mortgage loan under his son's name. He paid all all mortgage monthly after we got married. I have all... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 4, 2021

An Indiana attorney could advise best, but your question remains open for five weeks. You could repost and add Divorce as a category. Not all questions are picked up, but you might have better chances of a reply there - Land Use attorneys deal more with zoning, lawful uses/restrictions for... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: My ex went to jail for domestic battery and strangulation charges ? Recently they dropped both felonies to misdemeanor

I had bruises on my neck for over a week a fracture foot in three spots that needed surgery . How do I go about if I don’t agree with his charges ? And how do I make him pay for my injury?

Andrew L. Bennett
Andrew L. Bennett answered on Jan 3, 2021

You can contact the prosecutor's office to speak with the deputy prosecutor assigned to the case or the victim's assistant. The prosecutor has a legal obligation to speak to the victim about the case. You can ask the prosecutor seek restitution for your damages, you can also sue him civilly.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If I need to move because of a job, can I break my lease, move, and continue paying monthly based on term of my lease?

I may need to move to another state with X months left on the lease. Can I break the lease, move out, and continue paying rent to them monthly until 1. I've paid for X months to cover the lease term or 2. They find someone to rent it before X months is up?

Troy Tyson
Troy Tyson answered on Dec 30, 2020

You will need to consult your lease and speak with your landlord. Typically, leases will spell out some provision that will allow a tenant to break the lease early, provided they pay for a certain number of additional months, or penalties, or both. Also, your landlord may be willing to allow you to... Read more »

1 Answer | Asked in Real Estate Law for Indiana on
Q: When must a property owner -servient- notify the other owner —dominant- that he or she can no longer use property

In order to avoid the prescriptive easement being granted in court due to failure to notify the dominant estate that he or she cannot use their property any longer ?

Anthony M. Avery
Anthony M. Avery answered on Dec 30, 2020

I am not sure of your question but obviously the servient owner wants to terminate the easement. This is a serious legal matter which should only be attempted by someone with competent legal advice. It may be easy, but then you may get sued. Hire a good lawyer to guide you as to what will... Read more »

1 Answer | Asked in Probate for Indiana on
Q: brother refuses to show copy of will said he lost it he was power of attorney. will showed Sister executor of will

other family members agreed to have sister executor. But brother a issue in Indiana ,lake county. Can we get estate probated how to proceed without copy of the will .all we know that a copy needed to file for administrator so what do we do .

Ben F Meek III
Ben F Meek III answered on Dec 30, 2020

You or other family may be able to begin a probate proceeding and get a court order to require your brother to produce the original will. You need to talk to an experienced probate lawyer for specific advice about your situation. Justia.com can help you find one near you and many attorneys offer... Read more »

1 Answer | Asked in Civil Litigation for Indiana on
Q: Can I get sued for breaking lease for unsafe living conditions?

My landlord rented us a house in September. We signed a year lease. It only had window ac unit as air conditioning. He wrote in lease he would not fix ac unit. We told him it had mold and he refused to fix. We told him we were moving out and was out by October 3rd. He is now trying to sue for... Read more »

Troy Tyson
Troy Tyson answered on Dec 30, 2020

You will need to defend against the lawsuit, based on the claim that the landlord failed to provide suitable living conditions to you, which is required under statute. See Indiana Code 32-31-8-5.

1 Answer | Asked in Probate for Indiana on
Q: Found assets that were unaccounted for, planning to open probate. Am I thinking clearly?

Sister with POA handled everything and ended up with everything, claiming there was nothing left. With help from lawyer, discovered bonds ( interest was redeemed 6 days after step-fathers death for $26,000), life insurance, a vehicle and likely checking and savings accounts. Most everything else... Read more »

Ben F Meek III
Ben F Meek III answered on Dec 29, 2020

You should talk to an experienced probate lawyer in the state where your step-father received Medicaid and presumably where his property was located. Medicaid has a right under federal law to recover from your step-father's estate (with a few exceptions) the cost of his care that it paid for.... Read more »

1 Answer | Asked in Child Custody for Indiana on
Q: A grandparent attains legal guardianship on a minor. Who pays child support to the grandparent? At what age does it end
Troy Tyson
Troy Tyson answered on Dec 29, 2020

Guardianship cases of this type can vary widely in regards to the child support provisions. However, the terms of child support should be clearly spelled out in the court's order granting guardianship to the grandparent.

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