Indiana Questions & Answers

Q: If I filed bankruptcy in one state and then moved to another, could that have any effect on my ability to discharge my

1 Answer | Asked in Bankruptcy for Indiana on
Answered on May 26, 2017

It depends on if you a did a chapter 7 or a chapter 13. Under a 7, as long as the all the proper paperwork is done and you file the second credit counseling and notify the court of the move, no problem. Under a 13, all plan payments have to be met and other issues dealt with. Talk with your attorney.
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Q: I have 2 kids both under 2 and my landlord refuses to turn on heat or air conditioning. I have to supply both. Can he?

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on May 25, 2017

You have the right to quietly enjoy the property you are leasing. You have the right to safe, sanitary and habitable property.

If your landlord is harassing you, destroying your property, not providing a sanitary and habitable property then the landlord may have constructively evicted you. If your landlord has constructively evicted your option is to notify him to correct the issues and move out if he does not.

In addition to this a landlord under Indiana law is always...
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Q: If I own my home can the town I live in make me pay a yearly fee for owning a dog?

1 Answer | Asked in Animal / Dog Law and Municipal Law for Indiana on
Answered on May 25, 2017

A local government can require animal owners to register their animals with the local government and a fee can be charged in relation to registration.
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Q: I need to file chapter 7 to stop a garnishment I can't afford. How do I stop it so I can pay for the BK

2 Answers | Asked in Bankruptcy for Indiana on
Answered on May 24, 2017

Difficult situation. You might be able to apply to the Court to pay the filing fees in installments, but that is the only thing..
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Q: Q: I filed bankruptcy, im trying to finish my credit counseling before court today, it is asking me for my case #

2 Answers | Asked in Bankruptcy for Indiana on
Answered on May 24, 2017

Look on the Notice you received that had your court date. It should be on there. Near the top of the page. Good luck!
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Q: I live in New Albany, Indiana with Mom, I'm not on a lease but have been here over 2 months, can she kick me out

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on May 23, 2017

I'm assuming you are over 18 and are emancipated. It sounds like in this case you are not on the lease for the apartment and are a subtenant of your mother. As a subtenant you are essentially renting part of the apartment from your mother who is essentially your landlord. If you are a tenant or subtenant you have certain rights under Indiana law. You cannot be removed without notice. Your possessions cannot be removed until you have been evicted. The landlord (in this case your mother) will...
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Q: Is it legal for an officer to issue a speeding ticket then change the speed and reissue the ticket at their discretion?

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on May 22, 2017

Yes, an officer can amend a ticket if he truly pulled you over for the amended speed. Many officers will write a lesser speed as a break to whom they pulled over. However, if you were doing 40/35 then he cannot lie and say you were going faster. You should contest this, however, it is your word against the officers in court. It may be worth hiring an attorney who can possibly look into it to see if the officer has done this in the past.
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Q: Neighbor's dog ran on my property and bit my leg. Do I have a claim?

2 Answers | Asked in Personal Injury, Health Care Law, Landlord - Tenant and Small Claims for Indiana on
Answered on May 22, 2017

Do you have a claim?: Maybe, this depends on whether the dog has shown a violent propensity before, this is known as the "one bite" rule in Indiana. Basically, if the dog has never bit anyone before then the owner will not have had sufficient notice of the dog's violent propensity and therefore cannot be determined to have been negligent.

What should you do?: Two things, 1) If you're injured you should seek medical treatment and then contact a personal injury attorney about pursuing a...
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Q: My tenant is now in jail, federal hold, house was raided and 3 windows busted out, Can i take immediate possession back

1 Answer | Asked in Criminal Law, Federal Crimes and Landlord - Tenant for Indiana on
Answered on May 21, 2017

Even if your tenant is in jail there is no automatic repossession of the property. You still have to go through the eviction process. You can file for an immediate eviction to regain possession of the property. It is best to do this with the guidance of an landlord/tenant attorney. Consult with a local landlord/tenant attorney in your area for legal advice.
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Q: I am a 20 year old male. I was talking to a 16 year old female. No sexual acts happened. Can I be charged with a crime?

1 Answer | Asked in Criminal Law for Indiana on
Answered on May 21, 2017

The legal age of consent in Indiana is 16. Assuming you did no other criminal acts like harassing, stalking, assault, battery, etc., no, talking to a 16 year old is not a crime.
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Q: My daughter is in jail, I cannot afford to get her out. Can I request a bail reduction?

1 Answer | Asked in Criminal Law for Indiana on
Answered on May 21, 2017

YOU can't, but she or her lawyer can. She should bring up the question of bail at her next court appearance.
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Q: Can you be pulled over in your driveway if you never saw the police officer, they never had on their lights or sirens.

1 Answer | Asked in Constitutional Law and Traffic Tickets for Indiana on
Answered on May 20, 2017

Legal? Yes. The cop apparently had a valid pretext for initiating the encounter. You had every right to refuse to answer his questions.
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Q: How do I find a lawyer who can help write a memorandum of law

1 Answer | Asked in Public Benefits for Indiana on
Answered on May 20, 2017

If legal aid is too busy to help you in time, your only option is to find a lawyer willing to help you at a cost you can afford and in time. You will just have to call around.
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Q: My older brother's girlfriend sent me a message to kill myself. Do i report her to the police?

1 Answer | Asked in Family Law, Domestic Violence, Internet Law and Military Law for Indiana on
Answered on May 20, 2017

It is recommended you make a police report to document what has happened and what has continued to occur. You may want to consider getting a protective order to stop the harassment. I would inform your chain of command in your reserve unit in the event it becomes an issue, and provide a copy of the police report.
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Q: Are motorcycle wheelies illegal in Indiana?

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on May 19, 2017

Keep in mind proving reckless driving and being charged with it are two different matters. If you are caught on public property or private property that is open to the public, such as a parking lot, and are doing wheelies you will more than likely be charged. Many prosecutors and judges do believe that doing a wheelie is reckless even if its only possible to hurt yourself. However, if you are on exclusively private property or have permission and an area is sealed off then its far less likely...
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Q: where can i find the forms on line for waiver fee for drivers license reinstatement forms or papers thank you

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on May 19, 2017

You can find them on line through the BMV at in.gov also at the traffic and misdemeanor court in south bend the magistrates have a check list that goes through what you will need. Keep in mind that you must have insurance at the time your request the waiver and also must have no other active suspensions. If you are not fully certain you may want to consult an attorney who will review you BMV record and can assist you in the process.
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Q: my roommates left my house a month ago and they abandoned their dogs how long do they have to come reclaim them?

1 Answer | Asked in Animal / Dog Law for Indiana on
Answered on May 18, 2017

There is not set time for when property becomes abandoned. Whether or not property is truly abandoned is determined by the intent and actions of the owner. In this case it sounds like your former roommate has told you that they do not care what happens to the dogs and that you can do whatever you want with them. You can always ask him or her for further clarification on the matter.
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Q: I have already filed for divorce and I brought a car is my wife intitled to half or any of it?

1 Answer | Asked in Divorce for Indiana on
Answered on May 16, 2017

It depends. Normally property that you acquire after the divorce proceedings have been started are not considered marital property for the judge to divide between the spouses. However, if the car was bought with funds that could be considered marital property, then the judge would be able to consider it marital property and divide it up as such.
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Q: Is it legal in the state of indiana to shoot a dog just because you find the barking annoying? What can I do to help?

2 Answers | Asked in Animal / Dog Law and Wrongful Death for Indiana on
Answered on May 16, 2017

Report these people to the local police ASAP. YOU cannot do anything but report it to the police. The POLICE can and should charge the shooter AND the owner with Animal Cruelty under § 35-46-3-12. The penalty is up to one year in jail UNLESS the animal dies, then it is a FELONY with up to three years in prison.
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Q: If you are convicted on admission alone with no evidence to support the crime was commited does corpus delicti apply

1 Answer | Asked in Criminal Law for Indiana on
Answered on May 15, 2017

If you were convicted after a trial, the judge or jury weighed the evidence and convicted you. Your only recourse is the appellate process, and you need an attorney to pursue that. Arguments about Corpus Delicti would have taken place before the trial. Only lawyers are competent to make such arguments.
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