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Indiana Civil Litigation Questions & Answers
1 Answer | Asked in Criminal Law, Family Law and Civil Litigation for Indiana on
Q: Can a respondent request a hearing outside of 30 days of a protective order if they have experienced burden as a result

State of Indiana

To determine if a civil protective order is still needed?

For example loss of employment, negative impact on health. do not reside in same state as petitioner (in excess of 700 miles away)

Kurt Schnepper
Kurt Schnepper answered on Feb 24, 2020

There are many different legal avenues to get the Court to reconsider the petition and subsequent Order, which depend on the timing and circumstance among other things. It's a situation you likely wont be successful handling on your own, ask around for a referral or contact any attorney if you have... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for Indiana on
Q: I was lied to about not being included in my father's will. But there was no will...
Tim Akpinar
Tim Akpinar answered on Jan 18, 2020

You could repost in the Probate and Estate/Planning sections here. Attorneys who practice in that area would have the most insight into your situation. It would be helpful if you structured your post in the form of a question. Also, there is no need to include any personal information about... Read more »

1 Answer | Asked in Civil Litigation, Tax Law and Family Law for Indiana on
Q: What are the rules for the foster parents adding my kids on their taxes

DCS is saying that to foster parents are allowed to clean my kids on their taxes but I don't think that is right but they won't tell me the rules on why they can my kids were only in DCS care for maybe 5 months

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 31, 2019

If a government agency has placed the children with a family then that qualifies for the relationship test required to claim the child as a dependent.

Assuming the other factors are in line they would be allowed to claim the child.

This is very common in foster situations.

1 Answer | Asked in Divorce, Family Law and Civil Litigation for Indiana on
Q: What exactly is a Motion for Rule to Show Cause? I asked the Court to hold my soon to be ex-wife in Contempt of Court

My soon to be ex-wife wife was ordered by the Judge over the PO Hearing to return my personal property that she was refusing to return. Her parents were to drop it off at the end of my parents driveway and they did not do it. I wrote a letter to the Judge requesting that he hold them in Contempt of... Read more »

Troy Tyson
Troy Tyson answered on Dec 20, 2019

There's not enough information in your question to say for sure what the document pertains to, but in general, a Motion for Rule to Show Cause is what is filed when one party is requesting that the court find another party in contempt for violation of an order. So, it could be that the court... Read more »

1 Answer | Asked in Civil Litigation for Indiana on
Q: Why doesn't this questions box work properly? I can't leave a full question on the second line.

I purchased an engine from a builder in Muncie, IN. After a short period of time the engine failed. Reason being, he left out a critical valve tip part causing a valve to fail resulting in the failure. He wants to repair the engine by reworking some of the damaged parts. I asked him to replace the... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 11, 2019

You should consult with an attorney who practices in Indiana. But your question remains open for four weeks. As a general matter, one of the first things to look at would be the contract of sale, warranties, and whether there are any forum selection clauses that stipulate mandatory arbitration. In... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Indiana on
Q: If we never signed a lease can we be sued for nonpayment of rent?

The landlord verbally agreed to certain necessary repairs which I have evidence of in text and then backed out several months after we moved in. Things like black mold and leaking roof and floor repairs. We did not sign a lease or verbally agree to a lease. We just paid the deposit and first... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 26, 2019

Unless you pay all the rent you owe the landlord COULD try to sue you--in small claims court. If I were you I would concentrate on moving out ASAP, and not worry about the landlord being unhappy. The outrageous problems you have suffered are more than sufficient to defeat any legal claim for rent... Read more »

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Tax Law for Indiana on
Q: What can i do to get my money back from hotel that has charged me taxes after 30 days consecutively in being a resident?

I have the receipt from the time I started living here. I believe they are messing with the books. My receipt says taxes was off but I'm paying the same price plus 25 dollars more. The owner raised the rent during the race. I do not know what avenues to take to get my money or how to start the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 24, 2019

If you have a written contract covering your extended stay both you and the hotel are bound by the terms of the written contract. And if the contract was for 30 days the hotel can raise your room rate on day 31 going forward. Why? Because under most state laws hotels can change their room rates at... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Energy, Oil and Gas and Environmental for Indiana on
Q: Hot water heater leaking gas (14% concentration) per NIPSCO. Gas company turned it off on June 21.

Land lord was notified via text message on the 21th. Promised to have someone fix it. It has not been done as of 7/6/19 nor has she responded to my text I sent 1 week ago asking about the status of the repairs. I have not had any hot water in my home since 6/21. I have rented a hotel room once a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

While your written lease terms will control this unusual situation==generally speaking--landlords are responsible to make sure that their leased property is suitable for living; and tenants do not have to remain in structures that are not in livable condition. Absent some unforeseen issues, IMO,... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Indiana on
Q: We signed a contract on June 14th for a house. They want to violate the contract and move back in now.

We have paid 500 of the contract. With another 300 that was also in the contract for a dump truck. We plan on paying 700 on Friday. We have been working on the house and now they are trying to move back in the contract is not even 2 weeks old all delays have been because of them. We got the power... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 26, 2019

You have several serious problems staring at you. Suggest yo hire a lawyer to help you.

2 Answers | Asked in Civil Litigation, Small Claims, Contracts and Civil Rights for Indiana on
Q: Is it required to to provide 24hr notice for showing or a courtesy if the agreement is expired and rent isn’t paid?

Rental agreement lapsed. Tenant was contacted 24 hr in advance via phone but the number was disconnected. Tenant claims we violated their rights. We called another resident 2 1/2hr prior and they agreed to let us in verbally.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 9, 2019

The tenant has more leagal rights than you have given them. Hire a lawyer and fix the problem before it worsens.

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1 Answer | Asked in Civil Litigation for Indiana on
Q: If a insurance company had no intentions of settling would they have a deposition

Is mediation required

Tim Akpinar
Tim Akpinar answered on Apr 28, 2019

Yes, they could. Conducting a deposition doesn't necessarily mean the opposing attorney wants to settle the case. It could simply mean they want to gather facts or confirm information they already have. In general, mediation is not a requirement, unless it is mandated or previously agreed upon. It... Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Indiana on
Q: I'm in the state of Indiana. If a lease agreement has ended and the tenant refuses to leave the property can I force out

I have served a 10 day notice & filed an eviction with the courts, of which the court date isnt until later this month. Can I force them out by changing the locks or have law enforcement to have them removed since the agreement is up? To add, there is a hold over part in the agreement, however we... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 11, 2019

No, you cannot change the locks or physically remove them. Your only legal option is to obtain an eviction at the eviction hearing that you already have scheduled. If you contact the police they will not act without an eviction order.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Litigation and Civil Rights for Indiana on
Q: what will happen for possession of marijuana and paraphernalia

I received four tickets in less than 24 hour period. All in the state of Indiana. One speeding, second time speeding, possession of marijuana (little amount, and paraphernalia (one hitter). I’ve had a clean record and just turned 18. He gave me a ticket for each. Will I still have to go to court?... Read more »

Paul Stanko
Paul Stanko answered on Dec 30, 2018

The marijuana charge is a misdemeanor. You can't just pay the ticket. Get a lawyer--you may be eligible for a diversion.

1 Answer | Asked in Civil Litigation and Real Estate Law for Indiana on
Q: Is there a difference between real and personal property?
Tim Akpinar
Tim Akpinar answered on Oct 14, 2018

A first semester property law class in law school could devote a month to this question. On a very superficial level, real property is land, buildings, and immovable structures. Personal property is property that can be moved. Naturally, there are many subtleties and distinctions when one looks... Read more »

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Indiana on
Q: Is it legal for Capital One to send me a bill and offer half off the balance after filing suit against me?

Capital one hard and attorney / collection agency and they took out a lawsuit against me and had me served. I submitted a motion for production asking for them to show proof where I signed a contract and other questions. They now have sent a letter to me in the mail showing a balance which is the... Read more »

T. J. Jesky
T. J. Jesky answered on Sep 12, 2018

If you are represented by an attorney, and they know you are represented by an attorney, they need to go through your attorney to contact you. Otherwise, how else are they going to contact you.

Based on your commentary, it appears the want to settle with you before the incur court costs....
Read more »

1 Answer | Asked in Civil Litigation for Indiana on
Q: In the state of Indiana If someone leaves their belongings stored at your house for four years is it legally yours?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jul 11, 2018

There is no hard or fast rule on abandonment of personal belongings in regard to a time limit. Abandonment occurs when the true and rightful owner intentionally relinquishes ownership of the belonging. If you are unsure if it is abandoned, feel free to ask that person if they want their stuff back... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Indiana on
Q: What should be the next step to proceed after denial of default motion
Ary Avnet
Ary Avnet answered on Jul 10, 2018

I would make sure that service has been perfected. Then you need to proceed to discovery or move for summary judgment if you are able.

1 Answer | Asked in Civil Litigation and Libel & Slander for Indiana on
Q: A newspaper had put false information up about me.

The article stated that a warrant was put out for me after I “failed to report to a court hearing.” In in the state of Indiana and wasn’t sure if this case is worth suing.

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Apr 16, 2018

I'm assuming you're asking if it is worth your time to sue the newspaper for defamation of some sort. In most cases, the answer is no. If you believe that you have been substantially harmed in some way due to this false information, please feel free to consult with a local attorney for legal advice.

1 Answer | Asked in Civil Litigation for Indiana on
Q: I rented from rent a center 4 years ago an all of a sudden I got arrested and had to pay to get out of jail.

I gave them there stuff back 4 yrs ago now I have to pay them for the stuff I gave back is this legal can I sue them for my money back an for going to jail?

Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2018

Several possible defendants. You need to consult an attorney who handles civil rights--for this I'd suggest you contact the Indiana Civil Liberties Union and ask for the names of "cooperating attorneys" who have been involved in false arrest cases. Another source would be to inquire of the National... Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for Indiana on
Q: My 3 year old son fell into a firepit in april of 2017. He still receives medical care. Is it to late to file a claim

He had 3rd degree burns and had to have skin grafts done and now needs laser surgery that his insurance wont pay for. He was at my boyfriends grandparents house. I was at work and my boyfriend was watching him.

Chase T Wilson
Chase T Wilson answered on Mar 9, 2018

The statute of limitations in Indiana for minors is 2 years after they turn 18, so you have plenty of time to file a claim. That being said, contact a local personal injury attorney immediately as the sooner you contact them the better they'll be able to help.

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