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Indiana Collections Questions & Answers
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
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
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... Read 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 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
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
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.

1 Answer | Asked in Collections, Health Care Law and Medical Malpractice for Indiana on
Q: Can a hospital change the payment account number on a payment check before cashing it?

I have a medical bill account with a medical bill collection agency. I set up a payment arrangement 6 months ago. The lady who set the arrangement up with me told me that I can continue to send the payments to the hospital with the new account number and they would apply it to the account. Ive made... Read more »

Adam Studnicki
Adam Studnicki answered on Jan 13, 2016

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...
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1 Answer | Asked in Collections for Indiana on
Q: Can I be sued just for court costs, attorneys fees and interest on an account after the medical services were paid?

I received a notice that I was being sued for a medical service received approximately 15 months prior. When I received this notice, after not receiving a prior notice, I paid the medical services and had to fight the hospital that was suing me to do so. But, they finally took my payment. Now, i... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 17, 2015

You are asking whether something can happen that already has happened? The answer is, of course, yes. The thing to do now is hire an attorney.

1 Answer | Asked in Collections for Indiana on
Q: Can i be put in jail for a delinquent university account that has been sent to collections?

It's sent to collections

David B. Levin
David B. Levin answered on Jul 23, 2015

Failure to pay a debt is not a crime; it's a civil matter. If you're unable to come to an agreement, the typical remedies are a lawsuit, wage garnishment, garnishment of assets such as bank accounts. A debt collector who threatens someone with arrest for not paying a civil debt is... Read more »

1 Answer | Asked in Collections for Indiana on
Q: Are withholding taxes owed by a defunct C-corp that did business soley in Indiana owed by the officers of that corp?
Michael R. Smith
Michael R. Smith answered on Jul 8, 2014

Possibly. The Internal Revenue Code imposes liability for the failure to collect and pay withholding on "responsible persons." Responsible persons can include officers, directors, shareholders, and others. The test is not really the person's title but whether the he or she had a... Read more »

3 Answers | Asked in Collections for Indiana on
Q: Can I settle out of court and who do I contact?

I just got served papers that being sued for owing a creditor money beginning back in 2005. The company suing me I believe is a collection agency and I have never received or heard of this company nor have I received any information, letters or phone calls stating that I owe this amount or about... Read more »

Rachel Lea Hunter
Rachel Lea Hunter answered on Jun 28, 2013

Contact the attorney for the creditor. However, its not uncommon for bad debts to get bought up by a junk debt buyer, even bad student loan debt. So it is not remarkable that you have not heard of the company suing you.

Before you settle though, I would seek out an attorney specializing in...
Read more »

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1 Answer | Asked in Collections for Indiana on
Q: Can an online payday loan company say that the will be able to prosocute you if you do not pay them today. when they

Call or call your work several times a day

Timothy Coe
Timothy Coe answered on Sep 14, 2012

Prosecute you? NO, there is no such thing as debtor's prisons in Indiana or any other state that I am aware of. What they can do is sue you for the amount owed, but you should send them what is called a "cease and desist letter" which will restrict them from calling you or anyone... Read more »

1 Answer | Asked in Collections for Indiana on
Q: What is the statute for credit card debt in Indiana
Timothy Coe
Timothy Coe answered on Sep 14, 2012

There isn't really one statute for credit card debt. However, if you meant the statute of limitations then it is most likely 6 years. But, if the judge considers it a written contract then the statute of limitations is ten years. It all depends on what type of contract you have for the credit... Read more »

1 Answer | Asked in Collections for Indiana on
Q: I need a form to respond to a summons in a debt collection case. Where can I find it?
Timothy Coe
Timothy Coe answered on Sep 14, 2012

Along with the summons should have been a "Complaint" to respond to the complaint you need to file an answer. These are very simple to do. Simply copy the heading on the complaint until it gets down to the word "complaint" in stead of complaint you type in "answer"... Read more »

1 Answer | Asked in Collections for Indiana on
Q: Can judgment in court stand if not properly notified ?
Terrence Rubino
Terrence Rubino answered on Aug 29, 2011

in order for a judgment to be valid there would have to be proper service of process (summons). this varies on the type of case and the circumstances. sometimes it can be by leaving the summons at the residence with someone 13 or over, certified mail and sometimes even publication. you should... Read more »

1 Answer | Asked in Collections for Indiana on
Q: I have a default judgment in illinois and need it served on a financial institute in kokomo, IN help
Burton A. Padove
Burton A. Padove answered on Jul 18, 2011

You will need to register your foreign judgment in the Howard County Indiana

1 Answer | Asked in Collections for Indiana on
Q: In indiana how long can a collections agency bill you?
Burton A. Padove
Burton A. Padove answered on Jul 18, 2011

There is no law setting a limit on billing. However, there is a law called the statute of limitations that limits how long they have to sue you.

2 Answers | Asked in Collections for Indiana on
Q: What if i fail to pay a judgment
Michael E. Polen Jr.
Michael E. Polen Jr. answered on Jun 30, 2011

Unless a judgment is satisfied or discharged in bankruptcy, you are responsible. The owner of the judgment may place a lien on certain property and/or have wages garnished until the judgment is satisfied.

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2 Answers | Asked in Collections for Indiana on
Q: How does a person with a judgment get a garnishment done in Indiana?
Burton A. Padove
Burton A. Padove answered on May 17, 2011

You will need to file a petition for proceedings supplemental in the same matter in which the judgment was obtained.

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