Indiana Questions & Answers

Q: Even if I'm a couple of months behind in rent can I still stay in my apt until my court date in January

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Dec 14, 2018
Alexander Florian Steciuch's answer
If you have a court date for an eviction you can still stay in your apartment until the date of the eviction hearing. The eviction hearing is set to determine whether or not you will be able to stay in the apartment or forced to leave. If you pay all the rent that is owed before the court hearing it will not stop the eviction hearing without positive consent of your landlord.

Q: My son is 10 years old we live in indiana he took a picket knife to school... he is being charged with intimidation with

1 Answer | Asked in Criminal Law for Indiana on
Answered on Dec 13, 2018
Andrew L. Bennett's answer
Your son absolutely can be detained either as a danger to himself of a danger to the community. You should have an attorney to help protect your son's interests. In Indiana he can request a public defender in juvenile court regardless of your income and in most cases in juvenile court the PD will get as good of a resolution as a paid attorney.

Q: How do I collect on a $25,000 promissory note with a maturity date of December 31, 2018?

1 Answer | Asked in Collections and Contracts for Indiana on
Answered on Dec 12, 2018
Stuart Gregory Steingraber's answer
Sue and get a judgment anyway. In CA, it is good for 10 years and can be renewed for 10 year multiples in the future. CO probably has a similar arrangement. Good luck and God bless.

Q: LL wouldn’t fix sump pump and fridge so I did. Do they have to have access to inspect tenant repair even if Im not home

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Dec 12, 2018
Alexander Florian Steciuch's answer
A landlord can inspect the property even if the tenant is not home, as long as there is proper notice. There is no law in Indiana that a landlord must inspect repair work done by a tenant, but a landlord would be a fool not to inspect any repair work done on the property as improper repair work, especially work done on anything related to water or electricity, has the possibility to cause further damage to the property if done incorrectly.

Q: Can I stay in my apt until my court date

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Dec 12, 2018
Alexander Florian Steciuch's answer
1. Yes, you can stay in your apartment until the time of the eviction hearing.

2. No, paying all of your back rent will not stop an eviction.

Q: Are you able to place a lien on a worker's compensation claim in the state of Indiana?

1 Answer | Asked in Workers' Compensation and Collections for Indiana on
Answered on Dec 12, 2018
Stuart Gregory Steingraber's answer
Probably not because worker's comp awards are generally protected from creditor's claims. WC awards are intended to compensate a person injured on the job and not to pay the worker's debts.

Q: Can a prosecutor stop a defendant from reviewing his discovery without violating due process?

1 Answer | Asked in Criminal Law for Indiana on
Answered on Dec 12, 2018
Paul Stanko's answer
Probably not. It is possible for the prosecutor to redact the discovery to exclude information that would endanger witnesses, such as addresses and phone numbers. Any evidence the prosecutor intends to rely upon at trial should be disclosed, as well as any exculpatory evidence that could be of use to you.

Q: Can a no contact order be dropped on a domestic battery charge if the state picked it up?

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Dec 10, 2018
Andrew L. Bennett's answer
You need to contact a good criminal defense attorney and hire him/her ASAP. If you cannot afford an attorney then you need to request a public defender. Your first hearing is your Initial Hearing where you will be told of the charges and penalties. The judge will also ask how you plead. DO NOT plead guilty, ask for an attorney (PD) or time to hire an attorney.

Q: Is there any significant penalty for not paying a non-driver seat belt ticket?

1 Answer | Asked in Traffic Tickets for Indiana on
Answered on Dec 10, 2018
Andrew L. Bennett's answer
The ticket is $25.00 and a non moving violation. However, not paying the ticket can result in a default judgment as well as a Failure to Pay license suspension.

Q: Is Indiana a no fault state?

1 Answer | Asked in Divorce for Indiana on
Answered on Dec 9, 2018
William J Webster's answer
Yes, Indiana is a no fault state. In Indiana, the petition for dissolution typically states there has been an irretrievably breakdown of the marriage. The Court may take a party's behavior or actions into account when determining custody and parenting time for children and/or an equitable division of the marital estate.

I hope the above answers your question. If you have any additional questions, please feel free to contact our office at 317-565-1818.

-Will

Q: Is there any kind of debt I can't discharge in a bankruptcy?

2 Answers | Asked in Bankruptcy for Indiana on
Answered on Dec 7, 2018
Stuart Nachbar's answer
Usually tax claims, alimony, child support, and then some esoteric categories. Also remember that while a secured claim, like a bank loan for house and car, are discharged as to personal liability, they are not discharged as to the item itself.

Q: I have to warrants for missing court for driving while suspended they are from 2016 can I get them lifted my job said

1 Answer | Asked in Traffic Tickets and Gaming for Indiana on
Answered on Dec 6, 2018
Andrew L. Bennett's answer
Having the warrants recalled (lifted) really depends on the court. However, it is very unlikely a court will recall the warrants without you having an attorney. If you go to the court to ask you will be taken into custody. Hire an attorney who is familiar with the court system where your warrants are and go from there. Also is your driving privilege reinstated or are you still suspended?

Q: What am I legally allowed to know about a car purchased in a private sale?

1 Answer | Asked in Consumer Law for Indiana on
Answered on Dec 4, 2018
Alexander Florian Steciuch's answer
You can know everything there is to know about the car. What I think you mean to ask is if there are any necessary disclosures that the seller must make and that answer is none. A seller can sell a car 'as is' and make no representations or warranties about the state of the vehicle.

As a rule of thumb, if you are purchasing a vehicle from an individual or any seller really, get everything in writing, get any representations or warranties in writing, have your own mechanic inspect the...

Q: Have strong odor in my bathroom-vent fan doesn't help-suspect tenant behind me is smoking marijuana-what are my rights

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Dec 4, 2018
Alexander Florian Steciuch's answer
If the tenant also rents from your landlord you can report them to your landlord for causing a common nuisance and having illegal items in their rental property. Marijuana is still illegal to possess and consume in Indiana. If that does not work you can report them to the police.

Q: Is it legal in the state of Indiana to be medical POA, financial POA, beneficiary in a will, and later executor of will?

1 Answer | Asked in Family Law for Indiana on
Answered on Dec 4, 2018
Alexander Florian Steciuch's answer
Yes. There is nothing that prevents a single individual to act in all of these different capacities at once.

Q: My roommate wants to terminate lease early, I do not. Landlord told her it was 1600.00 to break lease, do I have to pay

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Dec 4, 2018
Alexander Florian Steciuch's answer
If you do not want to break the lease early, you don't have to. If your roommate wishes to pay an early termination fee per the rental agreement, your roommate can do that. However, if you are on the lease agreement together you could have grounds to bring a claim against your roommate for the half of the rent you are still on the hook for. I have no idea why you would pay an early termination fee if you do not plan on leaving. You should negotiate with your landlord to stay and find a new...

Q: If I make a complaint about a tenant in my apartment complex can my property manager tell them it was me.

1 Answer | Asked in Landlord - Tenant for Indiana on
Answered on Dec 4, 2018
Alexander Florian Steciuch's answer
Yes. There's no law forbidding them from revealing who is making the complaints.

Q: I’ve missed 9 drills in Indiana. they said If I don’t make them up I’m going to dishonerable... true or false?

1 Answer | Asked in Military Law for Indiana on
Answered on Dec 3, 2018
Angelina Bradley's answer
The only way to be dishonorably discharged is if it is awarded at a general court martial. Is it possible? Yes. Each missed drill is an Unauthorized Absence. They could choose to refer the charges to court-martial.

More likely is that they’ll administratively separate you, asking for either a General or Other Than Honorable discharge.

If they’re offering you to makeup your drills, you should ask if they’re going to make those UAs into AAs or if they’re just going to...

Q: Is it illegal for a 24 year old to date a 16 year old in Indiana

1 Answer | Asked in Criminal Law and Juvenile Law for Indiana on
Answered on Nov 29, 2018
Paul Stanko's answer
16 is the age of consent, so "dating" is not illegal per se. Contributing to deliquency is an entirely different matter. That, of course, would be illegal.

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