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Indiana Civil Litigation Questions & Answers
1 Answer | Asked in Car Accidents, Civil Litigation and Civil Rights for Indiana on
Q: Need help have court today and I'm not sure what to do insurance company suing me for almost 8,000 I was in accident

11/10/19 at fault no insurance

Charles Candiano
Charles Candiano answered on Sep 23, 2021

There is nothing that you can do. You had no insurance so the other driver processed a claim under their uninsured motorist coverage (UM). Now their insurance is seeking a judgment against you which they will get. Your only choice is to enter into some voluntary repayment, have the court garnish... Read more »

2 Answers | Asked in Bankruptcy, Business Law, Civil Litigation and Collections for Indiana on
Q: I wrapped a huge rv for a company.Spent every dime I was given on vinyl and installers and a garage large enough to fit

The rv and then the clients didn't like the rv outcome told me to remove all that was done and now they say I can have criminal charges how so?They didn't like the outcome and said remove.I spent all the money given on this wrap to now I feel I need to file bankruptcy.I have no money to... Read more »

Timothy Denison
Timothy Denison answered on Sep 18, 2021

There is no criminal conduct in what you described. Cease all communications with them. There is no money to refund.

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2 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Indiana on
Q: Before a plaintiff can recover for proximate cause what must the plaintiff prove?

The proximate cause theory of liability was used to convict somebody; what must the plaintiff prove before the paints can use proximate cause theory as basis for his/her case?

Charles Candiano
Charles Candiano answered on Sep 3, 2021

One way is to establish that whatever happened was reasonably foreseeable given the Defendant's actions or failure to act.

"Conviction" refers to Criminal law, only."

If you were looking for something different, please re-write the question.

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1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Indiana on
Q: Since covid 19 started well little but after i have been unable to pay my credit cards and 1 loan, i have moved how can

Find out if there is a summons for me or court date in Indiana

Timothy Denison
Timothy Denison answered on Mar 13, 2021

Call the court in the county in which you live.

1 Answer | Asked in Admiralty / Maritime, Libel & Slander, Civil Litigation and Elder Law for Indiana on
Q: If you fill out a personal check wrong is it a crime? Can someone turn it around and make it a crime?
Tim Akpinar
Tim Akpinar answered on Mar 10, 2021

If someone made innocent errors in filling out a check, it would not generally be considered crime. If the errors were material and they were deliberately made with the intent to deceive the payee or to deceive the financial institution, those could amount to crimes, depending on applicable... Read more »

1 Answer | Asked in Civil Litigation for Indiana on
Q: Can I get sued for breaking lease for unsafe living conditions?

My landlord rented us a house in September. We signed a year lease. It only had window ac unit as air conditioning. He wrote in lease he would not fix ac unit. We told him it had mold and he refused to fix. We told him we were moving out and was out by October 3rd. He is now trying to sue for... Read more »

Troy Tyson
Troy Tyson answered on Dec 30, 2020

You will need to defend against the lawsuit, based on the claim that the landlord failed to provide suitable living conditions to you, which is required under statute. See Indiana Code 32-31-8-5.

1 Answer | Asked in Civil Litigation, Criminal Law, Family Law and Juvenile Law for Indiana on
Q: What laws are broken in the theft of a communication device creating a safety risk?

I live in Indiana, the device was taken from a minor and is used to ensure safety by making sure she can remain in contact with a parent when playing with a group of friends a short distance from home at a playground, about half a block away from home. A teenager has been taking it from her to... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Nov 19, 2020

Have you called the police about this?

1 Answer | Asked in Civil Litigation, Divorce, Child Custody and Child Support for Indiana on
Q: Hi I have an initial hearing scheduled for this wed 10/21 and have no representation for the hearing.

This is to set initial custody child support etc.

Troy Tyson
Troy Tyson answered on Oct 20, 2020

You should consider contacting one of the lawyers on Justia to see if you can set up a brief consultation to review your matter. Having representation for a case like this can be very helpful. If you cannot find an attorney by the time of tomorrow's hearing, you can ask the court for a... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Indiana on
Q: How can a trial date be set before a pretrial conference?

Son was jailed for DV, bailed out, as a court date 10/26. Was informed today9/8 that there's a jury trial set for 1/2021. His ex-gf/ babies mother has told me she isnt filing charges. Has the state picked it up and besides obtaining a lawyer what should we be doing?

Andrew L. Bennett
Andrew L. Bennett answered on Sep 8, 2020

If today was his Initial Hearing, the Court likely set the jury trial as well as other dates; this is a normal action.

In Indiana a person does not file charges, so his ex-gf cannot file charges. The State of Indiana through the prosecutor chooses to file or not file charges.

Your...
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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Indiana on
Q: I need assistance obtaining case records from the county court house in reference to filing for compensation

House Bill 1150

Tim Akpinar
Tim Akpinar answered on Sep 6, 2020

This is really something that an Indiana attorney would know best, but you await a response for four weeks. As a general matter, without regard to the type of case, court clerks can sometimes assist in obtaining file documents. However, in many places, COVID has changed some of the... Read more »

1 Answer | Asked in Civil Litigation, Small Claims and Criminal Law for Indiana on
Q: Asking advice regarding stolen tools and brother in laws shop!!!

My husband had a small office space attached to his brother in laws machine shop business. His wife, my husband's sister, took many of his expensive tools, probably about 1000 worth, out of the office and won't return them. They also took a check from his mailbox and at first refused to... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Aug 22, 2020

Has he made a police report?

1 Answer | Asked in Family Law, Real Estate Law, Civil Litigation and Landlord - Tenant for Indiana on
Q: My daughter, who has liver failure, has been staying with me for 1 1/2 mo. Now, her boyfriend is coming to stay.

He just got out of jail, and I don't know him from Adam. If things go terribly wrong and they get out of hand, how do I protect myself from them doing whatever they want here? My daughter stayed with me years ago and was physically abusive. When I went to throw her out- she told the cops she... Read more »

Troy Tyson
Troy Tyson answered on Jul 24, 2020

You may consider a protective order against the parties you are concerned about.

1 Answer | Asked in Contracts, Family Law, Child Custody and Civil Litigation for Indiana on
Q: How do I obtain previously recorded phone calls of myself when I was incarcerated in order to use them in court?

I'm trying to obtain a transcript or audio of these calls and have been informed Indiana law allows me to as they are public record.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2020

In Florida all you have to do is ask in writing.

1 Answer | Asked in Civil Litigation for Indiana on
Q: Can I still travel from Indiana to Ohio right now

I want to know if I can travel from Indiana to Ohio under the stay at home orders

Paul Stanko
Paul Stanko answered on Apr 19, 2020

If you read the Governor's order, there are many exceptions to the general order. Some police agencies in some counties are enforcing it more strictly than others, but the police still don't have the right to pull you over for no reason at all. So, the short answer is "yes",... Read more »

1 Answer | Asked in Divorce and Civil Litigation for Indiana on
Q: We have been dating for 3 years, living together for 2. He cheated, now he wants me to move out. House is in his name.

We live in Indiana.

Troy Tyson
Troy Tyson answered on Apr 17, 2020

It is not clear what your question is. However, if your ex-boyfriend owns the house outright, he will have the right to force you to leave. Whether or not an eviction would need to be filed would depend on a variety of factors, and there is not enough information in your question to answer that.... Read more »

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... 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 »

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