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Indiana Civil Litigation Questions & Answers
1 Answer | Asked in Criminal Law and Civil Litigation for Indiana on
Q: if a 14yo girl and 18yo boy were in relationship and somebody said the 18yo did things to the 14yo would 18yo go to jail

In a non sexual relationship the unnamed person just made false accusations would the 18yo still go to jail or get punished even though the 14yo said they weren't true and they didn't find any evidence in the 18yo doing things to the 14yo

Paul Stanko
Paul Stanko
answered on Feb 15, 2017

If there is really no evidence, and the alleged victim would testify that nothing happened, then a conviction would seem unlikely.

1 Answer | Asked in Car Accidents, Civil Litigation and Personal Injury for Indiana on
Q: Victim of road rage. my rights. Aggressive driver not arrested nor drug tested. Made news several stations

Daughter rammed by driver on way to school. Several 911 calls witnesses. Channel 6 8 13 news story. No arrest or chemical screen. 7 days later no charges filed or no records forwarded from police. Intentional wreck

Peter N. Munsing
Peter N. Munsing
answered on Feb 8, 2017

Sounds like your daughters rights. She needs to get medical treatment. Contact the victim assistance coordinator of the DA's office --let them interface with police. She has a number of rights but neither you nor she can compel the police to arrest anyone. So tact is the word--though see if... View More

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Indiana on
Q: Q: Our soon to be ex son in law owes us a few thousand dollars and promised to pay us in oct 2016. He didn't,

He didn't, I contacted him through

Messages (have the proof he promised to pay us) and he still has not given us our money. Can I hold most of his tax refund for what he owes and write him a receipt of paid in full and give home what is left since I am the one doing his taxes?

Paul Stanko
Paul Stanko
answered on Jan 30, 2017

You have no right to take another person's tax refund. Consult an attorney and/or file a small claim, but do not seize another person's property (tax refund) without court order!

1 Answer | Asked in Civil Litigation, Small Claims, Collections and Contracts for Indiana on
Q: Being sued in small claims by a debt collector. Can I ask for copies of bills without resetting the clock?

I am not sure of the debt being disputed, and I'd like to know exactly what this company is trying to sue for. But I'm worried that if I call them and ask for copies of the bills, will that be considered acknowledging the debt, and allow them to reset the clock? Or is it just... View More

Paul Stanko
Paul Stanko
answered on Sep 21, 2016

Demand validation of the debt. That is your right, and it does not toll the statute of limitations.

1 Answer | Asked in Civil Litigation, Small Claims, Collections and Contracts for Indiana on
Q: Being sued in small claims by a debt collector. Can I ask for copies of bills without resetting the clock?

I am not sure of the debt being disputed, and I'd like to know exactly what this company is trying to sue for. But I'm worried that if I call them and ask for copies of the bills, will that be considered acknowledging the debt, and allow them to reset the clock? Or is it just... View More

Paul Stanko
Paul Stanko
answered on Sep 17, 2016

Yes. Demand verification of the debt. DO NOT make any payments or offer to compromise the debt, because that could reset the clock.

1 Answer | Asked in Civil Litigation and Health Care Law for Indiana on
Q: Hospital staff releases info about my chemical blood test and arrest on Facebook Can that result in dismissal of result

Children were involved to with my DUI. Nurse exposed my case and reason for treatment to friends that she saw I had in Facebook. The prosecution will not release blood work all together to my defense. Shouldn't this be a motion to dimiss of evidence in court? The only three people in room,... View More

Paul Stanko
Paul Stanko
answered on Sep 11, 2016

Your gripe is with that nurse. As long as the result is properly documented, it is unlikely it will be suppressed.

1 Answer | Asked in Civil Litigation and Criminal Law for Indiana on
Q: How can I reopen a 10 year old case
Paul Stanko
Paul Stanko
answered on Sep 11, 2016

You probably can't, if it is barred by a statute of limitations, but you have not provided enough facts to answer beyond that.

1 Answer | Asked in Medical Malpractice, Consumer Law, Civil Litigation and Health Care Law for Indiana on
Q: I had surgery last year (pre-approved by ins). After, the Anesth. Dr billed me as he was temporarily out of network.

I got insurance pre-approval for the procedure and spoke with the scheduler to ensure that everything was covered so there were no surprises (my exact words). Afterward - the Anesthesiologist balance billed me for the procedure as they said they were out of network. Insurance paid them based upon... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 27, 2016

I would suggest to the facility that arranged for the pre cert that if they have an out of network person for anesthesiology then it is up to them to tell you, and tell the anesthesiologist as he didn't let you know he was out of network you are not paying.

At the same time, I'm...
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1 Answer | Asked in Civil Litigation for Indiana on
Q: how would I obtain a chronological case summary of a civil lawsuit that was filed in 1993 & ruled in my favor in 1995
Charles Snyderman
Charles Snyderman
answered on Aug 22, 2014

I am not familiar with the courts in Indiana. However, you might call the clerk of the Court and ask how you can take a look at the docket from your case.

1 Answer | Asked in Civil Litigation for Indiana on
Q: If I hired a Civil Attorney and I don't feel he is doing his job can I get a new one?
Burton A. Padove
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answered on Jul 7, 2011

You have an absolute right to discharge your attorney and hire a new one.

1 Answer | Asked in Civil Litigation for Indiana on
Q: How do I get included in the Kardonick Settlement issue with Chase?
Burton A. Padove
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answered on Jul 7, 2011

You need to contact the Class Administrator. There is a website and I believe that you can file a claim online.

http://www.kardonicksettlement.com

1 Answer | Asked in Civil Litigation for Indiana on
Q: If you are a S-Corp how can a lawyer pick one owner out (there are 3) and personnally name him in a lawsuit?

There is a email stating that he just decided to name him....no reason.

Terrence Rubino
Terrence Rubino
answered on Jun 30, 2011

assuming that the shareholders have maintained the corporate identity, none of them are individually responsible for the corporations debts unless they personally signed or guaranteed the debt. if a shareholder is wrongfully personally named, that is subject to being dismissed.

2 Answers | Asked in Civil Litigation for Indiana on
Q: Mt attorney is claiming he has filed for me Why can't I find It?
Terrence Rubino
Terrence Rubino
answered on Jun 30, 2011

some counties here in indiana have an online docket and it is fairly easy to find if your case was filed. some counties do not. in those counties the only way is to either call the clerk of court or go to the clerk of court offices and inquire. usually the clerks are pretty cooperative and will... View More

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1 Answer | Asked in Civil Litigation for Indiana on
Q: jpmorgan chase & co. case

I got a letter saying i could have a payment coming from my credit card business. So what do i do now?

Burton A. Padove
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answered on May 17, 2011

contact the company or person who sent the letter.

1 Answer | Asked in Civil Litigation for Indiana on
Q: If I'm named as a defendant in a case but have not been notified, what do I do?
Burton A. Padove
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answered on Mar 30, 2011

You can hire counsel to guide you after a consultation or you can momnitor the case yourself to make sure that no orders are entered against you.

1 Answer | Asked in Civil Litigation for Indiana on
Q: Can the pliantiff respond with more information to overturn a court order.
Burton A. Padove
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answered on Mar 29, 2011

Under certain circumstances, yes. You can look at Indiana Trial Rules 59 and 60.

1 Answer | Asked in Civil Litigation for Indiana on
Q: How do you begin a search for relevent case law on a particular issue
Burton A. Padove
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answered on Mar 29, 2011

You can use search terms in Google Scholar as a start. You can also obtain access for one day to Westlaw or Lexis and possibly some other legal research websites. Depending on whether this will be ongoing, you may want to consider a subscription or hiring an attorney for the sole purpose of... View More

1 Answer | Asked in Civil Litigation for Indiana on
Q: Can a counter claim be filed in circuit court
Burton A. Padove
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answered on Mar 29, 2011

Generally, a counterclaim can be filed in the court where the initial claim has been filed. Depending on the circumstances, you may have to ask the court for permission.

1 Answer | Asked in Civil Litigation for Indiana on
Q: Can a judgement be entered against you in one state if you were never served or given notice because you left the state
Burton A. Padove
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answered on Mar 29, 2011

Yes, if an agent was served or you were served by publication.

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