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Indiana Civil Litigation Questions & Answers

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 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

Timur 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 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 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?

Timur 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 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....
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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 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 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 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 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 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.

1 Answer | Asked in Agricultural Law, Civil Litigation, Contracts and Landlord - Tenant for Indiana on

Q: landlord "traded" property with his brother in law and the new landlord is telling us we have to remove our livestock

Do we have any recourse to prevent or save our farm? We've never been late on our rent or caused damages

No written contract, all verbal

Former ll "manages" the property

Alexander I. Passo answered on Feb 18, 2018

Is there a written agreement between you and the prior landlord?

1 Answer | Asked in Civil Litigation and Small Claims for Indiana on

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

Alexander Florian Steciuch answered on Sep 12, 2017

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.

1 Answer | Asked in Car Accidents, Civil Litigation, Contracts and Landlord - Tenant for Indiana on

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?

The dumpster was housed in a wooden structure and my car was parked in a designated parking spot next to the structure.

Peter N. Munsing answered on Sep 11, 2017

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.

1 Answer | Asked in Bankruptcy and Civil Litigation for Indiana on

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

From my understanding, given that the automatic stay went into effect immediately upon the filing of my case, the state court could not enter a valid judgment after my filing. How do I petition the court to set aside the judgment?

Stuart Nachbar answered on Aug 2, 2017

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.

1 Answer | Asked in Civil Litigation, Criminal Law and Traffic Tickets for Indiana on

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

I hit them at stop light no damage just reflector broke wasnt going very fast

Andrew L. Bennett answered on Jul 13, 2017

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... Read more »

1 Answer | Asked in Civil Litigation for Indiana on

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

A settlement agreement has been proposed, the plaintiff is not responding, nor is he complying to any of the terms of the agreement.

Alexander Florian Steciuch answered on May 12, 2017

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...
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1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Indiana on

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?

Double rent and go month to month. She knows I cannot afford this. If I don't agree she still must honor my lease agreement and would have to evict right? I was trying to get to the point where I could buy the house, and did a TON of work with zero compensation when I moved in. What can I do? I... Read more »

Alexander Florian Steciuch answered on May 11, 2017

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.... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Criminal Law for Indiana on

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

25 years old no record

Paul Stanko answered on May 6, 2017

I have never heard of an "arq5". Did you mean AR15?

1 Answer | Asked in Civil Litigation and Libel & Slander for Indiana on

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

If an ex employee of a restaurant posts a review on yelp about the unsanitary practices of the other employees which  are true and the post was deleted within two hours, can that be a basis for a defamation suit??

Alexander Florian Steciuch answered on May 5, 2017

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...
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