Indiana Civil Litigation Questions & Answers

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

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Indiana on
Answered on Jan 11, 2019
Alexander Florian Steciuch's answer
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.

Q: what will happen for possession of marijuana and paraphernalia

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Litigation and Civil Rights for Indiana on
Answered on Dec 30, 2018
Paul Stanko's answer
The marijuana charge is a misdemeanor. You can't just pay the ticket. Get a lawyer--you may be eligible for a diversion.

Q: Is there a difference between real and personal property?

1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Civil Litigation for Indiana on
Answered on Oct 14, 2018
Timur Akpinar's answer
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 more meaningfully at the concept.

Tim Akpinar

Q: Is it legal for Capital One to send me a bill and offer half off the balance after filing suit against me?

1 Answer | Asked in Civil Litigation, Collections and Consumer Law for Indiana on
Answered on Sep 12, 2018
T. J. Jesky's answer
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. It is your decision to settle or not. If they take you to court and they prevail, you might be on the hook for monies due and their legal fees they spent on this case.

Q: In the state of Indiana If someone leaves their belongings stored at your house for four years is it legally yours?

1 Answer | Asked in Civil Litigation for Indiana on
Answered on Jul 11, 2018
Alexander Florian Steciuch's answer
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 or not.

Q: What should be the next step to proceed after denial of default motion

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for Indiana on
Answered on Jul 10, 2018
Ary Avnet's answer
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.

Q: A newspaper had put false information up about me.

1 Answer | Asked in Civil Litigation and Libel & Slander for Indiana on
Answered on Apr 16, 2018
Alexander Florian Steciuch's answer
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.

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.

1 Answer | Asked in Civil Litigation for Indiana on
Answered on Mar 30, 2018
Peter Munsing's answer
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 Consumer Law Center in Boston.

Q: I have some small claims court issues that I need representation, what is the basic charge for something like this??

1 Answer | Asked in Civil Litigation and Small Claims for Indiana on
Answered on Sep 12, 2017
Alexander Florian Steciuch's answer
There's no definitive answer that anyone here can give you. Attorneys all have different fees and fee schedules. Some may offer a flat fee while others ask for a retainer. Others may charge hourly and bill you later. The only way to get a definitive answer is to call attorneys and ask them.

Q: If a dumpater fire caught my car on fire rendering it a total loss do I have grounds to break my lease without fees?

1 Answer | Asked in Car Accidents, Civil Litigation, Contracts and Landlord - Tenant for Indiana on
Answered on Sep 11, 2017
Peter Munsing's answer
You have a right to be paid the damage to your car. Your Apartment is habitable so why could you break your lease? Take a look at it--I'll bet under conditions that allow you to leave it's conditions making the apartment uninhapbitable, not a fire adjacent to your parking place.

Q: A creditor was awarded a civil judgement 6 days after I filed for Chapter 7 and that is now on my public record.

1 Answer | Asked in Bankruptcy and Civil Litigation for Indiana on
Answered on Aug 2, 2017
Stuart Nachbar's answer
Have the State Court issue an order coiding the judgment. You can probably do it with a letter with proof of filing. Call the state court clerk or judge's chambers that issued the order.

Q: I got in a finder binder with no insurance what can i expect to happen in court

1 Answer | Asked in Civil Litigation, Criminal Law and Traffic Tickets for Indiana on
Answered on Jul 13, 2017
Andrew L. Bennett's answer
What violations were you cited for as a result of accident? You can expect that your license will at some point be suspended by the BMV for failure to provide proof of insurance and likely will have to pay approximately $1000.00 in reinstatement fees to the BMV for no insurance. In court if you admit liability there will also be fine and court costs and possible suspension of license by the court. You should consult with a local attorney to see what other options are available in the county...

Q: In IN is there a time limit for waiting for a defendant in a civil suit to sign the settlement agreement?

1 Answer | Asked in Civil Litigation for Indiana on
Answered on May 12, 2017
Alexander Florian Steciuch's answer
A settlement agreement isn't binding until it is signed. A 'proposed' settlement agreement is just that, 'proposed.' The plaintiff doesn't have to comply with the terms of the agreement because there is no agreement yet.

If the plaintiff is not responding, move forward with trial proceedings. Court deadlines are usually a good way to get someone's attention.

Q: My lease is up mid August and I am behind in rent. The landlord is trying to force me to pay double the rent amt. Legal?

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Indiana on
Answered on May 11, 2017
Alexander Florian Steciuch's answer
It sounds like your landlord is attempting to avoid eviction with you by renegotiating your lease agreement, which is perfectly legal. You are under no obligation to agree to her new terms. If you do not agree to her new terms she must still honor your lease agreement have to evict you.

However, having an eviction on your record can be a black mark that makes other landlords uncomfortable to rent to you. If you want to stay in the house, negotiate with your landlord.

As for the...

Q: What am I allowed to have and not have on an arq5 pistol

1 Answer | Asked in Civil Litigation, Civil Rights and Criminal Law for Indiana on
Answered on May 6, 2017
Paul Stanko's answer
I have never heard of an "arq5". Did you mean AR15?

Q: If an ex employee of a restaurant posts a review on yelp about the unsanitary practices of the other employees which

1 Answer | Asked in Civil Litigation and Libel & Slander for Indiana on
Answered on May 5, 2017
Alexander Florian Steciuch's answer
True statements are not defamatory. Truth is actually a defense to an accusation of defamation.

Assuming you are the restaurant in this case, if its true it is not defamation. Let's say for the sake of argument that this wasn't true. What are your damages in this situation? The post was up for only two hours. Can you prove you suffered any harm or damages in this situation?

Q: my ex is keeping my kids from me against the court order! I have filed contempt charges several times & nothing happens

1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Litigation for Indiana on
Answered on Apr 18, 2017
Alexander Florian Steciuch's answer
You need to hire a child custody lawyer ASAP. If your ex is continuing to make false accusations and uses those accusations to prevent you from seeing your children against the court order but you cannot make a contempt charge stick then you need professional advice to figure out what is going wrong. Parents do not get to unilaterally decide to withhold visitation or custody rights.

Q: I gave money for a car that was never delivered and seller sold the same car to another person in which they never got.

2 Answers | Asked in Consumer Law, Criminal Law and Civil Litigation for Indiana on
Answered on Apr 9, 2017
Alexander Florian Steciuch's answer
Most definitely. Since the amount is rather low, you should most likely file in a Small Claims court where the limit for recovery is $6,000. Go to your local courthouse, visit the Small Claims clerk desk and ask for the proper form. The filing fee will probably be $125 or so but it varies from county to county. That will include the filing fee and service on the other party. Be sure to have the information of the other party, including their correct name and address. You will get a court date....

Q: City declared neighbor dog vicious and dangerous after biting me and my son and he won't contain it per ordinance reqs

1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Litigation for Indiana on
Answered on Apr 5, 2017
Alexander Florian Steciuch's answer
If you and your son have been bitten by the same dog more than once I'm confused as to why the dog has not been seized by the city and put down, especially if it has been deemed vicious and dangerous.

Did your neighbor pay for your family's medical bills after you were bitten? The owner of a dog is responsible for the damage that his or her dog causes. You should consult with a personal injury attorney in your area, specifically one that handles dog bites. If you want your neighbor to...

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