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Indiana Consumer Law 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 Consumer Law, Contracts and Real Estate Law for Indiana on

Q: Was living in the house rent free so people wouldn't destroy it house was sold without my knowledge

Buyer asked me move right away how much time does he have to give me

Bruce Alexander Minnick answered on Apr 9, 2019

Whatever "free rent" agreement you had with the seller disappeared the instant the buyer acquired the house. So as far as the buyer is concerned you have no legal right to remain in the house; this also means the new owner has no obligation to give you any time to get out. Your best bet is to be... Read more »

1 Answer | Asked in Consumer Law, Criminal Law and Medical Malpractice for Indiana on

Q: By law, do patients have privacy rights?

Can a physician give out private information to a third party, such as law inforcement, beyond the obvious (not a threat to oneself or others)? In other words, can a criminal case be dismissed based on a violation of privacy on account of a physician? Personal information was given out without my... Read more »

Paul Stanko answered on Feb 24, 2019

Any such violation of your privacy rights would come under Fourth Amendment analysis. The appropriate sanction would be suppression of the evidence, not dismissal of charges. Of course, suppression of evidence can often result in the State being unable to proceed, and thus dismissal.

1 Answer | Asked in Consumer Law for Indiana on

Q: If pipes freeze in apartment am I responsible for repairs?

We left for vacation fir 3 weeks and turned the heat off subsequently the pipes froze and burst. Are we responsible even though when we left it was 70 degrees?

Alexander Florian Steciuch answered on Feb 7, 2019

Usually landlords are responsible for repairs required to the rental premises. However, in a case like this where the damage is caused solely by the tenant's negligence, you are most likely responsible for the cost of the repairs.

It is not going to matter that it was warm when you left....
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1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Real Estate Law for Indiana on

Q: Did chapter 7 in 2009 been paying my house since over 8 years now I’m slow at work , they are doing a foreclosure while

Can u file again chapter 7 get rid of credit cards again and stop the foreclosure too save my house and then maybe sell it in a few years. But mostly I don’t want too loose my house and it’s going so quickly, is chapter 7 best way too save house or I also see so much talk online about it being... Read more »

Timothy Denison answered on Dec 15, 2018

You can file s Chapter 7 once every 8 years. Depending on your income, equity and financial situation, you may be able to do exactly what you propose.

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

Q: What am I legally allowed to know about a car purchased in a private sale?

Alexander Florian Steciuch answered on Dec 4, 2018

You can know everything there is to know about the car. What I think you mean to ask is if there are any necessary disclosures that the seller must make and that answer is none. A seller can sell a car 'as is' and make no representations or warranties about the state of the vehicle.

As a...
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2 Answers | Asked in Consumer Law and Business Law for Indiana on

Q: Is it ok to keep the package that is mailed to my address but not my name as recipient.

Received a package mailed to my address. But the recipient does not live at the Address. Do I get to keep the package or return to seller

Alexander Florian Steciuch answered on Nov 28, 2018

You do not get to keep packages sent to your address if you are not the intended recipient. Return to sender or you could be committing a crime.

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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 Consumer Law, Contracts and Civil Rights for Indiana on

Q: Is hard water damage from well water to a shower considered normal wear and tear?

We lived there for 3 years and we’re on a well that supplied water to both units of a double. The water softener was hooked up in the adjacent unit but ran to ours as well. He wants me to pay to have it cleaned. Also he is saying I have to pay for new carpet because of stains, we didn’t have... Read more »

Alexander Florian Steciuch answered on Sep 10, 2018

Wear and tear from regular use is near the exact definition of normal wear and tear. Things lose value over time, get damaged and have to be repaired or maintained. This is not deductible from a security deposit or attributable to the tenant. It is the cost of renting and having a family or person... Read more »

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

Q: In 2012, I purchased a voucher, on sale, for a digital photo-to-canvas transfer. The voucher says that the promotional

promotional value of the voucher is good for three years (ending June 21, 2015) but that the paid value of the voucher never expires. I found my credit card statement with the purchase showing on June 28, 2012, and the company name is exactly the same as it appears for the current company, but... Read more »

Timothy Denison answered on May 10, 2018

EVEN THOugh the middleman declared bankruptcy, the company is still liable for the service sold bc they were the one providing it. They owe you the paid value of the voucher, in whatever form that may be.

2 Answers | Asked in Consumer Law, Criminal Law, Domestic Violence and Family Law for Indiana on

Q: how can i get a free online pacet for me to print out for a protection orders in the state of indiana

John Mario Acosta Jr. answered on Mar 22, 2018

You can either check with the local jurisdiction clerks website or you can see if the Indiana Supreme Court website might have the forms you are looking for. Some jurisdictions vary on what forms they have online. If you can't get one online you can always go to the local clerks office and get one... Read more »

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1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Small Claims for Indiana on

Q: What could the possible charges be for theft?

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Andrew L. Bennett answered on Mar 8, 2018

First, do not make admissions on a public forum, it is possible the State could learn of it an hold it against you. Secondly, if you were charged with Conversion or Misdemeanor Theft then you are facing a Class A Misdemeanor with up a $5000.00 fine and one year in county jail. Being that this is... Read more »

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

Q: Landlord changed contract of mfg home rent to own to mfg home 1 yr lease agreement. Am I now just renting or buying?

2015 I signed a contract to rent to own my mobile home. 2016 I didnt receive anything from the landlord. 2017 I received a manufactured home lease agreement. Landlord will not return calls of any kind. I don't know if I'm just renting or if I'm still buying. My new job is 45 minutes away & I would... Read more »

Alexander Florian Steciuch answered on Mar 7, 2018

Your landlord cannot unilaterally change your lease or impose new terms on you without your consent. If your lease is for a set term you are no longer bound by the agreement to live at the mobile home when that term is up. However you also mentioned that you have a rent to own agreement in place.... Read more »

1 Answer | Asked in Domestic Violence, Small Claims, Consumer Law and Personal Injury for Indiana on

Q: Can I sue?

I decided to go shopping for some clothes and wanted to try on a few items before purchasing them. Only a few fit me so I didn't take the ones that I didn't want. When I left the dressing room there was a worker going through the items in my cart and I asked her where I can put the items that I did... Read more »

Chase T Wilson answered on Feb 16, 2018

No, because there was no physical harm done. You should, however, report her to management. That's absolutely unacceptable behavior.

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 Libel & Slander, Civil Rights and Consumer Law for Indiana on

Q: Can I sue McDonald's if their employee threaten me at the drive thru ?

Alexander Florian Steciuch answered on Aug 5, 2017

You cane sue anyone you want. Whether or not you win is the real question. That said, an employer may be held liable for the actions of their employee.

1 Answer | Asked in Consumer Law, Family Law and Elder Law for Indiana on

Q: My mother had a stroke. My sister is P.O.A. when we/she had to do the spend down for medicade I got a car. Have ??

Since i got the car because of the medicade spend down it is technically moms car. How, wothout drama can i get this car registered to me? Cant i just buy it from mom for a dollar? My sister, the P.O.A. seems to think it will involve lawyers and money???? Cant it be easy?

Alexander Florian Steciuch answered on Aug 2, 2017

Handling a Medicaid spend down is no joke and very few lawyers practice in the area due to its complexity. You should not attempt to do this on your own without legal guidance as that could result in penalties. Consult with an elder law attorney in your area that handles Medicaid issues.

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

Q: I received a summons in the state of INDIANA

I Received a summons and it said failure to appear may result in a judgement against you, but it doesn't say you must appear can that result in a warrant being issued for me can a default judgement include a warrant for my arrest it's just credit card debt..?

Alexander Florian Steciuch answered on Jul 19, 2017

You do not get a warrant for failure to appear for the initial hearing. As the summons stated, it may result in what is called a default judgment against you which is where the other side gets everything they ask for automatically because you were not there at the appointed time. If you were to... Read more »

1 Answer | Asked in Consumer Law and Products Liability for Indiana on

Q: Over filled tires.

I bought a used truck from a dealership about 6 months ago. I got a flat and when I went to get it fixed they put air in it and it was setting my tire pressure sensor off since it only had 50 psi and needed 80 psi. Come to find out the tires they put on my truck we're not the right class for the... Read more »

Peter N. Munsing answered on Jul 7, 2017

If they had the wrong tires that would be what you can make your claim on, and the cost of replacing the sensor.

1 Answer | Asked in International Law, Consumer Law and Real Estate Law for Indiana on

Q: A company approached me to buy my 1 week time share , out of Chicago area not sure I can trust them

they are working with title company to buy this for a chineese company. the amount sounds great , but in order to process, I have to pay the RFC fee to do business in mexico - in order for them to release by money by the government.

How do I trust them, not to loose 4000.00

Is... Read more »

Richard Sternberg answered on Jul 6, 2017

Sounds like a brand new variant of a popular scam. Check them out in full before paying anything.

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