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Indiana Civil Litigation Questions & Answers
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... View 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....
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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
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... View 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... View 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.

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
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
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
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
PREMIUM
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
PREMIUM
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... View 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
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,...
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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... View More

Alexander Florian Steciuch
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.... View 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
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
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...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Litigation for Indiana on
Q: my ex is keeping my kids from me against the court order! I have filed contempt charges several times & nothing happens

My ex has reported me as a suspect of a dbl homide, I was investigated and cleared, she has continued to contact police departments to have them harass me, she has been stalking me to find where I move to in order to send police to my home! I have move 3 times and every time with in one to two... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 18, 2017

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... View More

2 Answers | Asked in Consumer Law, Criminal Law and Civil Litigation for Indiana on
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.

I gave $580 which was half on car plus parts needed for a repair. Was to pay remainder $450 5 days later when repairs were done. Seller won't return calls or texts. Seller sold same car to another person which they didn't get car either. Can I press charges?

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 9, 2017

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... View More

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1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Litigation for Indiana on
Q: City declared neighbor dog vicious and dangerous after biting me and my son and he won't contain it per ordinance reqs

The dog can fit through our fence and the city has issued multiple tickets and taken him to court twice now since declaring it vicious and dangerous. It's a poodle and my neighbor thinks it isn't a big deal. The fact that my son is disabled and can't protect himself really makes this... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 5, 2017

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...
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1 Answer | Asked in Animal / Dog Law, Civil Litigation and Mergers & Acquisitions for Indiana on
Q: I have three little dogs, both females are pregnant and due really soon. This was not planned being evicted over lies

And this girl that had been harassing me through texts was brought to the house. Me and boyfriend were talking an she kept butting in. I asked her to go. Trying to keep peace. He did not back me. When she attacked me verbally I defended myself by pushing her away. She shoved me really hard into a... View More

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 24, 2017

What is your question?

1 Answer | Asked in Civil Litigation and Small Claims for Indiana on
Q: I won a small claim case with a much smaller amount than what was expected.

The amount awarded was a ridiculous lower amount. Would it be worth appealing and what are my rights of putting a sign up on my property against the company that is messing people over?

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 10, 2017

No, it would not be worth appealing. The limit for collecting in Small Claims in Indiana is $6,000. If you look to appeal a judgement from Small Claims you will need an attorney because appealing is not friendly to non-lawyers and you will have to hire an attorney to help you. The costs for hiring... View More

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