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Indiana Consumer Law Questions & Answers
Q: How do you know if a limit goes by statue of limitations or statue of repose?

Was in wreck cause defective ball joint upon hitting a guardrail at 50mph the air bag did not go off so hit the windshield twice which slit my face open. Filed complaint pac took over claim, then said they was escalated to esis. Esis denied the claim cause statue of repose, so remessaged pac whom... View More

T. Augustus Claus
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answered on Feb 8, 2024

In Indiana, determining whether a claim is governed by a statute of limitations or a statute of repose depends on the specific nature of the claim. The statute of limitations sets the maximum time after an event within which legal proceedings may be initiated, while the statute of repose limits the... View More

1 Answer | Asked in Consumer Law for Indiana on
Q: I am a customer of Mr Cooper/Nation Star and receiver of notice from said company ,that my information was breached. Ind

State of residence Indiana

James L. Arrasmith
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answered on Jan 6, 2024

If you've received a notice from Mr. Cooper/Nation Star about a breach of your personal information, it's crucial to take immediate action to protect yourself. First, monitor your financial accounts closely for any unusual activity. It's wise to consider placing a fraud alert or a... View More

1 Answer | Asked in Civil Rights, Federal Crimes and Consumer Law for Indiana on
Q: Do you think it would be worth my time to sue Dominoes under the Lanum Act for False Advertisement?!

On November 30th at 11:55pm I placed an order to my nearest local Domino's store. At about 12:01am, I received a phone call from the Domino's I placed my order thru. It was one of the employees calling to inform me that my order had come thru at 11:59pm and unfortunately they were closed... View More

James L. Arrasmith
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answered on Dec 5, 2023

Bringing a lawsuit against Domino's under the Lanham Act for false advertising might be challenging in this particular scenario. While it can be frustrating to experience a discrepancy between their advertised policy and the actual service you received, the Lanham Act primarily deals with... View More

1 Answer | Asked in Consumer Law and Civil Rights for Indiana on
Q: Is it against the law to measure children to be able to eat at a restaurant in indiana
James L. Arrasmith
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answered on Nov 18, 2023

In Indiana, there are no specific laws that address measuring children for the purpose of eating at a restaurant. However, restaurant policies that involve measuring children could potentially raise issues under anti-discrimination laws. Federal and state laws prohibit discrimination based on... View More

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Indiana on
Q: Can a dealer file for lost title after accepting payoff amount from total loss insurance claim
James L. Arrasmith
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answered on Nov 12, 2023

In Indiana, once a dealer accepts the payoff amount from a total loss insurance claim, their rights to the vehicle, including the title, are typically relinquished.

This means that the dealer should not file for a lost title if they have already settled the claim with the insurance...
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1 Answer | Asked in Consumer Law, Contracts and Banking for Indiana on
Q: Can lender file for lost title or duplicate title after selling car to insurance company and accepting payment for acv

Lender sent title to insurance company I then bought it back from insurance company for salvage price insurance company sent me my title with lien holder release of lien

James L. Arrasmith
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answered on Nov 12, 2023

In Indiana, once a lender sells a car to an insurance company and receives payment for the actual cash value (ACV), they generally lose their rights to the vehicle, including any claims to its title. If you have bought the car back from the insurance company at a salvage price and received the... View More

1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Indiana on
Q: Can my homeowners insurance refuse to replace my furnace if it was damaged by a power surge and voided the warranty?

The AC/furnace is 4 months old and had a 10 year warranty. The power surge voided the warranty. The insurance company wants to fix it instead of replacing it, which means I lose the remaining 9+ years of warranty. They also want to pay me $500 to replace a $1200 washing machine that the power... View More

Tim Akpinar
Tim Akpinar
answered on Sep 20, 2023

An Indiana attorney could advise best, but your question remains open for two weeks. On option might be to discuss their proposed repair/component replacement with your furnace company (if you mean their warranty) - if the power surge only affected control components. Another route could include... View More

1 Answer | Asked in Car Accidents, Consumer Law and Personal Injury for Indiana on
Q: Axel snapped and tire flew off yesterday after it was "fixed" by mechanic that "fixed" it previously. What do I do?

My mom's car about a month ago had the tire fly off and axel break. They took it to a local mechanic that said it was due to an air bubble in the bearing that's why it broke and the tire fell off. They assured her and checked that all the others were fine and didn't need fixed. This... View More

Charles Candiano
Charles Candiano
answered on Jun 13, 2023

If she was injured, she should immediately contact a personal injury attorney in Allen County. If there are no injuries, the easiest thing for her to do is to make a claim with her own insurance. If the car had been serviced immediately prior to the incident and the incident can be related to the... View More

1 Answer | Asked in Consumer Law, Contracts and Collections for Indiana on
Q: I have a storage unit it gets auction tomorrow I found out that today I'm being extorted

I got no notice for sale or rent raised twice been locked out from being able to vacate unit I have paid all past due balance now this months rent is keeping me from getting my stuff I want to move out why do I have to pre pay for the month if I want to leave they are extorting me for my possessions

James L. Arrasmith
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answered on May 2, 2023

It is important to understand the terms and conditions of the rental agreement you signed for the storage unit. If you have been delinquent on rent payments or if the unit was abandoned, the facility may have the right to auction off the contents of the unit to recoup the unpaid balance. However,... View More

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Products Liability for Indiana on
Q: My personal and private information has been Breached without any type of USPS mail email or by phone from a few Giants

Equifax Data Breach being the most recent but now since I it have found out about all these things and filling for the settlement and claims with the cfpb and ftc and all 3 bureaus and others no changes have been made I personally raised My own over 300 plus points no updates check all My data... View More

Charles Candiano
Charles Candiano
answered on Jan 31, 2024

The way this works is you ask a question and we do our best to answer it. I don't see any question. Please rephrase.

1 Answer | Asked in Energy, Oil and Gas and Consumer Law for Indiana on
Q: Can I sue a gas station for refusing to give me a receipt for gas purchase and being racist to me.

I went to purchase gas at a gas station and the machine was out of receipts, I went inside to ask for one. The worker was very racist and rude in her talk and refused to give me a receipt. I asked why she said I don’t know how but she mentioned that she has been working at the place for 20 years.... View More

Charles Candiano
Charles Candiano
answered on Jun 20, 2022

Workers' Compensation is an area of law that deals with work-related injuries.

It is illegal for a retail merchant to refuse to provide you with a receipt. The situation that you describe happens EVERY day. A remote printer either runs out of paper, misfeeds, jams, or runs out of...
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2 Answers | Asked in Bankruptcy, Consumer Law, Foreclosure and Banking for Indiana on
Q: if I am being sued in Indiana, and did not make a court appearance can that court issue a warrant for contempt of court
David Luther Woodward
David Luther Woodward
answered on Feb 21, 2022

You failed to say which or what kind of court, what kind of notice for court appearance or any details from which an answer can be derived.

Try again.

Thanks

d

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1 Answer | Asked in Consumer Law, Real Estate Law, Construction Law and Environmental for Indiana on
Q: I have mold in my house making me and my kids sick what is the landlord's obligations and there's no lease involved here

Also have electrical wiring issues no sink I moved in here with feces on the walls and floor and no floor in the kitchen old plumbing is really messed up septic is backed up

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2021

An Indiana attorney could advise best, but your question remains open for two weeks, and you express some immediate concerns about the safety and welfare of your family. One option here is to repost your question and include Landlord-Tenant as a category. Although all your category selections make... View More

1 Answer | Asked in Consumer Law and Estate Planning for Indiana on
Q: Attorney sent an unexpected & backdated invoice 5 months after I opted not to work with him. Do I pay it?

During a 30-min consult last January, atty quoted a flat $80 to write a will. It all seemed fairly straightforward, until he wanted to write himself into my will "in the event that my heir and I die at the same time." At the end of the meeting, he tried to close the deal: I told him... View More

Nina Whitehurst
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answered on May 12, 2021

If everything you say is true, you should file a complaint with the State Bar of Indiana. You can find their phone number online. It is an ethical violation for an attorney write himself into the will of a person for whom he is not a natural heir. It might also be an ethical violation not to... View More

1 Answer | Asked in Products Liability, Consumer Law, Traffic Tickets and Collections for Indiana on
Q: Abandoned vehicle at storage has been here for years, tag expired 2012 Is there Streamlined abandonment tiitle Process?

Vehicle stored over 5 years with no payments or contact with owner.

Attempts to contact owner satisfied but unsuccessful. Vehicle valued under $700, not road worthy.

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 15, 2021

If the vehicle is abandoned, you can file a request for salvage title and obtain title to the make it your property.

1 Answer | Asked in Consumer Law, Copyright, Business Formation and Business Law for Indiana on
Q: Can I buy a website very similar to a popular brand’s site and use that to sell similar merchandise?

The website I would be buying is the same words just moved around. And the merchandise would potentially be clothing designed to look similar to the original brand’s clothing but not the same. Or would it be legal to offer this new and similar domain to the owner of the original for a price?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 8, 2021

don't do it

too close for comfort

you can be sued

consult with an attorney

1 Answer | Asked in Consumer Law, Contracts, Civil Rights and Small Claims for Indiana on
Q: signed up for dance lessons in Jan through May. I paid in advance.they refuse to give me partial refund

Signed up in january- for classes once a week until end of may.

They switched to online classes but since i have hardwood floors and not a lot of space and i was doing tap dance i asked for a refund, they said this was not to be inplace of a dance class. that it was just to keep your body... View More

Tim Akpinar
Tim Akpinar
answered on Sep 11, 2020

An Indiana attorney could answer best, as consumer issues could involve state law. But as a general matter of contract law, it could depend on how the agreement was written, in terms of how it addressed certain unforeseeable or foreseeable intervening events. These types of situations have... View More

1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Indiana on
Q: Policy coverage dispute question: I cancelled my homeowner's insurance the same day I bought a new policy...

The new company could not insure me until 12:00 a.m., meaning the next day. The acknowledgement of cancellation from the prior company states my policy is cancelled at 12:01 a.m. the day I cancelled which is technically before I cancelled. My mortgage company is requiring proof of insurance for... View More

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2020

Unfortunately, the use of those figures alone, as a general practice, could leave too much open to interpretation. If possible, it might be best to have them clarify in writing what the last full day of coverage is and what the first full day of coverage is with the respective carriers, rather than... View More

1 Answer | Asked in Consumer Law and Criminal Law for Indiana on
Q: My husband is going to prison for 13 years. He has a court appointed lawyer that I don't believe is being fair .

My husband's lawyer I feel is trying to punch him to take the plea that was Gabe to him. I realize my husband has a past. But courts have never offered him drug rehab or has even tried to get him help

Dakota VanLeeuwen
Dakota VanLeeuwen
answered on May 27, 2020

Consult and retain a private attorney if you would like another opinion on the case.

1 Answer | Asked in Civil Rights, Constitutional Law, Construction Law and Consumer Law for Indiana on
Q: can I run away if I don’t feel safe in my house ?

My mother blames us for the way her boyfriend treats her they fight all the time the last fight they had he called my mom crazy and then he called me crazy when me and my mom get in fights she thinks it ok to put her hands on me last time she put her hands on me I threatened to call the cops and... View More

James Avery
James Avery
answered on May 7, 2020

A better option might be to call County Dept of Social Services and make a report, they will find you a safe home if necessary.

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