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Indiana Collections Questions & Answers

1 Answer | Asked in Consumer Law and Collections for Indiana on

Q: can my credit card company call and tell my husband my credit card balance and try to get payment with out my permissio

my husband is not on my credit card account and I never gave them permission to speak to him but they did anyways without my permission and they never even asked him the severity questions all the said was what is your name and then told him about my account and balance.

Bruce Alexander Minnick answered on May 20, 2019

Credit card companies are not supposed to do this; however, there is very little you can do about it, other than to pay off the credit card they are calling about. You can also report them to the federal agency that regulates credit card companies.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Collections for Indiana on

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

What is it called? I want to look up an example maybe to format mine similarly. Do I just write dear judge can you apply the extra month I served towards the bond at 20 dollars per day? Then send it to the clerk with my cause number?

I overserved my sentence by a month.

Paul Stanko answered on Jan 27, 2019

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.

1 Answer | Asked in Collections and Contracts for Indiana on

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

The individual that signed the promissory note is currently unemployed and is unable to work at this time as he has suffered an injury while on the job. It seems that he does not have any other assets that I can put a lien on at this time.

Stuart Gregory Steingraber answered on Dec 12, 2018

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.

1 Answer | Asked in Workers' Compensation and Collections for Indiana on

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

The lien would be placed as a means to pay off a promissory note.

Stuart Gregory Steingraber answered on Dec 12, 2018

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.

1 Answer | Asked in Collections for Indiana on

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

Bills were from 2 years ago and were sent to a collection agency and now to atty.

I offered to pay in full the amount minus the interest but was told that the collection agency is refusing my offer of 500 less because they want the interest. No judgement has been obtained.

Alexander Florian Steciuch answered on Oct 12, 2018

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... Read more »

1 Answer | Asked in Real Estate Law, Collections and Landlord - Tenant for Indiana on

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

Got notice of Motion for 41E dismissal today, September 22, and I'm not sure what it means. Can I fight this eviction as I was no longer under a lease or even in the property?

Alexander Florian Steciuch answered on Sep 25, 2018

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... Read more »

1 Answer | Asked in Estate Planning, Collections and Probate for Indiana on

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..

My husband passed away going on 7 weeks now and In his will he left me the executor of the estate and left it up to me to choose what to do with everything. He was a family physician and I have already taken care of his practice and have sold it. But he left myself and my 2 children with a lot of... Read more »

Alexander Florian Steciuch answered on Sep 25, 2018

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.

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....
Read more »

1 Answer | Asked in Collections for Indiana on

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

I requested a letter of validation over the phone. They sent me an email, but it doesn't have a physical address for the collector on it. Things just seem a little off. They are collecting on an old payday/online loan, the lender wasn't licensed to lend in my state, does that void the contract?... Read more »

Alexander Florian Steciuch answered on Apr 20, 2018

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...
Read more »

1 Answer | Asked in Collections for Indiana on

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?

i received a summons from my local court. i am being sued for a personal debt for non-payment. i am on social security disability, and if i understand correctly, my benefits can not be garnished since i have the money deposited directly into my checking account. but, can a judge still force me... Read more »

Alexander Florian Steciuch answered on Mar 9, 2018

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... Read more »

1 Answer | Asked in Personal Injury, Collections and Consumer Law for Indiana on

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?

Dealer never repossessed vehicle, even after I returned the keys and provided the adress to the vehicle. Car shows clean title on vehicle reports but I never received it. They never took me to court over it, nor is it on any of my credit reports. I want to sell the vehicle but don't know what I can... Read more »

Chase T Wilson answered on Oct 24, 2017

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... Read more »

1 Answer | Asked in Collections and International Law for Indiana on

Q: Can German SOL be applied in the US?

I received notification from The Debt Masters ( based out of California ). They recently acquired an old debt from Telekom Deutschland; a phone provider I used while stationed in Germany in 2013. To my understanding of German Civil Code BGB Section 195, the SOL has exceeded according to the... Read more »

Richard Sternberg answered on Aug 28, 2017

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... Read more »

1 Answer | Asked in Traffic Tickets, Car Accidents, Collections and Small Claims for Indiana on

Q: Towing company charging me to get my own property

I was in an accident involving only myself. My vehicle was then towed. I need to get some of my personal belongings out of the vehicle but the towing company wants to charge me to get my things. Can they do this? I have all the paperwork and the keys to the car.

Charles Candiano answered on Jun 22, 2017

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... Read more »

1 Answer | Asked in Education Law, Collections and Consumer Law for Indiana on

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

Before I withdrew from school, the college wanted me to stay so they offered to let me do the online adult program. Two weeks before I was to do the online program, they called and said they weren't going to allow me to do it because my advisor didn't want me to. They waited until the last minute... Read more »

Alexander Florian Steciuch answered on Apr 14, 2017

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... Read more »

1 Answer | Asked in Collections for Indiana on

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

Paul Stanko answered on Oct 1, 2016

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... Read more »

1 Answer | Asked in Bankruptcy, Collections and Consumer Law for Indiana on

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

I received a notice to appear to answer questions about my nonexempt property subject to proceedings supplement. I am paying a garnishment for one company right now. not sure what can or can not be done and if it is mandatory to go

Paul Stanko answered on Sep 24, 2016

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... Read more »

1 Answer | Asked in Consumer Law, Small Claims and Collections for Indiana on

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

The affidavit of debt states that I made a payment on 2/20/2016 but I did not. Is this cause for the case being dropped?

Paul Stanko answered on Sep 23, 2016

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... Read more »

1 Answer | Asked in Civil Litigation, Small Claims and Collections 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 considered... Read more »

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 Collections and Consumer Law for Indiana on

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

I get paid quarterly and use the money for bills. If they were attaching my paycheck they can only get a percentage. Would that stand in the case of my bank account since I won't get paid again for 3 months?

Paul Stanko answered on Sep 15, 2016

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.

1 Answer | Asked in Consumer Law, Collections, Contracts and Landlord - Tenant for Indiana on

Q: What are my rights in court?

I was sued by an apartment I moved out of 3 years ago. Apparently they had taken me to court and had a judgement entered against me. The court said they served me a notice which I never got. They said I owed them for damages. That debt was sold to a collection agency who is taking me to court based... Read more »

Paul Stanko answered on Sep 13, 2016

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.

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