Indiana Collections Questions & Answers

Q: How to petition court to use time served in jail towards fine?

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Collections for Indiana on
Answered on Jan 27, 2019
Paul Stanko's answer
You can't do that. The extra time you served is lost. What you might, perhaps, do is file a petition to modify the sentence with respect to the fine imposed. That is assuming you were assessed a fine at all.

Q: How do I collect on a $25,000 promissory note with a maturity date of December 31, 2018?

1 Answer | Asked in Collections and Contracts for Indiana on
Answered on Dec 12, 2018
Stuart Gregory Steingraber's answer
Sue and get a judgment anyway. In CA, it is good for 10 years and can be renewed for 10 year multiples in the future. CO probably has a similar arrangement. Good luck and God bless.

Q: Are you able to place a lien on a worker's compensation claim in the state of Indiana?

1 Answer | Asked in Workers' Compensation and Collections for Indiana on
Answered on Dec 12, 2018
Stuart Gregory Steingraber's answer
Probably not because worker's comp awards are generally protected from creditor's claims. WC awards are intended to compensate a person injured on the job and not to pay the worker's debts.

Q: Can an atty ask for interest on mefical bills prior to receiving a judgement and make you pat it to avoid judgement?

1 Answer | Asked in Collections for Indiana on
Answered on Oct 12, 2018
Alexander Florian Steciuch's answer
The attorney can ask for whatever he or she wants in order to settle the case. The incentive for you to comply is to avoid having a judgment on your record. If the attorney is asking for interest it is almost certainly the case that whatever agreement you signed for the medical bills included a section about collecting interest on outstanding balances.

Q: My lease was up July 31 2018. I moved out, landlord sent eviction notice in September after I'd moved. Is this legal?

1 Answer | Asked in Real Estate Law, Collections and Landlord - Tenant for Indiana on
Answered on Sep 25, 2018
Alexander Florian Steciuch's answer
There should be no need for an eviction if you have already moved out. If there is a hearing date, be sure to show up for that. That said though, if you got a notice of motion for dismissal, that means that one side is attempting to dismiss the case. Contact the clerk of the court to find out what is happening with the case and if it has been dismissed.

Q: Have some questions regarding my late husband's estate. I'm the executor of his estate and am in need of a few answers..

1 Answer | Asked in Estate Planning, Collections and Probate for Indiana on
Answered on Sep 25, 2018
Alexander Florian Steciuch's answer
Since you have already met with an attorney you should be asking your attorney these questions. Depending on what type of estate you have opened, your answer may vary.

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: How can I find out if someone calling to collect on a debt is legitimate?

1 Answer | Asked in Collections for Indiana on
Answered on Apr 20, 2018
Alexander Florian Steciuch's answer
You are right to be wary about debt collectors. There are many unscrupulous and downright fraudulent collectors out there.

Unfortunately there is database of debts out there. If you believe that you legitimately owe this debt and they are the legitimate holders of that debt, by all means feel free to pay it. However, if you are requesting verification that they hold the debt and they are neither providing any documentation or physical address, you are right to be skeptical. If they...

Q: i received a summons from my local court. i am being sued for a personal debt for non-payment. can i be forced to pay?

1 Answer | Asked in Collections for Indiana on
Answered on Mar 9, 2018
Alexander Florian Steciuch's answer
If you are being sued on a debt and you have received a summons you still need to go even if you are on disability, have a limited income or are indigent. You can still be sued even if you are indigent or do not have the means to pay. Do not ignore a court summons. If you are indigent it is most likely the case that the plaintiff will not be able to collect, but that is a decision the judge will make.

Q: Haven't paid on car in almost 7 years. Ran report and doesn't show total loss or salvage title. Do I own and can I sell?

1 Answer | Asked in Personal Injury, Collections and Consumer Law for Indiana on
Answered on Oct 24, 2017
Chase T Wilson's answer
This isn't really a personal injury question so take my answer pessimistically. In my opinion you should return the car to the dealership as you've forfeited your ownership of it in exchange for release of either your auto loan or lease obligation. At the very least you need to contact the dealership and determine what they'd like done. If not you may be exposing yourself to criminal charges in the future.

Q: Can German SOL be applied in the US?

1 Answer | Asked in Collections and International Law for Indiana on
Answered on Aug 28, 2017
Richard Sternberg's answer
Generally, courts have held statutes of limitations to be laws of the forum, so that statute applied might be from the place in which you are and can legally be sued. It sounds like that's Indiana for you, so you should check with an Indiana lawyer. But, it is reasonably likely that the statute has run wherever they sue. It is even more likely that they will never sue. There is big business these days in selling and reselling stale debt where the buyer knows that it cannot enforce the debt....

Q: Towing company charging me to get my own property

1 Answer | Asked in Traffic Tickets, Car Accidents, Collections and Small Claims for Indiana on
Answered on Jun 22, 2017
Charles Candiano's answer
If your car was towed because it was not driveable, the towing company had a right to tow it and an obligation to store it, probably under police order. If you do not have towing on your car insurance or you do not have car insurance, you are responsible for the towing and storage fees. The towing company certainly has the right to deny you access to the car until you pay what is owed.

Q: I recently had to withdraw from school due to not being able to pay for it.

1 Answer | Asked in Education Law, Collections and Consumer Law for Indiana on
Answered on Apr 14, 2017
Alexander Florian Steciuch's answer
No, you are the hook for your student loans even if you did not complete your degree. You aren't paying the school at this point you are paying the loan provider. The school already got their money. If payment is an issue you can work with your student loan provider to get onto an income based repayment plan.

Q: I received a summons from National Collegiate Student Loan Trust, what should I do next?

1 Answer | Asked in Collections for Indiana on
Answered on Oct 1, 2016
Paul Stanko's answer
Was it really a Summons? A Summons is issued by a court. It generally means that you have been sued, and it should be attached to a Complaint. Contact an attorney who handles civil cases immediately, as failure to answer a Complaint will result in a Default Judgment. It is also possible that this could be a scam or an attempt to collect a debt (which may or may not be valid).

Google "National Collegiate Student Loan Trust" and you will find some results you should check out.

Q: if I received in mail an order to appear to answer defendants nonexempt property. what does that mean, do I need to go?

1 Answer | Asked in Bankruptcy, Collections and Consumer Law for Indiana on
Answered on Sep 24, 2016
Paul Stanko's answer
It sounds like you may be a defendant in a small claim, upon which a judgment may have been entered, and for which proceedings supplemental to execution are pending. Long story short: yes, you need to go to court. Moreover, get an attorney to help you with this, as you apparently have a judgment against you.

Q: I am being sued by a debt collector but the affidavit of debt has incorrect information. Can I get my case dropped?

1 Answer | Asked in Consumer Law, Small Claims and Collections for Indiana on
Answered on Sep 23, 2016
Paul Stanko's answer
Probably not, but it can certainly affect the outcome if the date is relevant and material. NOW, if the debt collector is fraudulently representing to the court that a payment was made in order to get around the statute of limitations, that is very significant! Contact a consumer rights lawyer and get a consultation.

Q: Being sued in small claims by a debt collector. Can I ask for copies of bills without resetting the clock?

1 Answer | Asked in Civil Litigation, Small Claims and Collections for Indiana on
Answered on Sep 21, 2016
Paul Stanko's answer
Demand validation of the debt. That is your right, and it does not toll the statute of limitations.

Q: Can a collection agency seize your entire bank account if that money is used to pay bills for the next three months?

1 Answer | Asked in Collections and Consumer Law for Indiana on
Answered on Sep 15, 2016
Paul Stanko's answer
A collection agency can't seize your bank account without a judgment and court order. If you are being threatened by a collection agency, you should contact a consumer defense lawyer.

Q: What are my rights in court?

1 Answer | Asked in Consumer Law, Collections, Contracts and Landlord - Tenant for Indiana on
Answered on Sep 13, 2016
Paul Stanko's answer
You can demand validation of the debt from the collection agency, but since a judgment has been entered against you already, you need to consult with an attorney to contest the judgment itself.

Q: Can a hospital change the payment account number on a payment check before cashing it?

1 Answer | Asked in Collections, Health Care Law and Medical Malpractice for Indiana on
Answered on Jan 13, 2016
Adam Studnicki's answer
Not sure how this is malpractice, but check with a consumer protection or debtor's rights lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local...

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