Indiana Consumer Law Questions & Answers

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

1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Real Estate Law for Indiana on
Answered on Dec 15, 2018
Timothy Denison's answer
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.

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

1 Answer | Asked in Consumer Law and Lemon Law for Indiana on
Answered on Dec 4, 2018
Alexander Florian Steciuch's answer
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 rule of thumb, if you are purchasing a vehicle from an individual or any seller really, get everything in writing, get any representations or warranties in writing, have your own mechanic inspect the...

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

2 Answers | Asked in Consumer Law and Business Law for Indiana on
Answered on Nov 28, 2018
Alexander Florian Steciuch's answer
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.

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

1 Answer | Asked in Consumer Law, Contracts and Civil Rights for Indiana on
Answered on Sep 10, 2018
Alexander Florian Steciuch's answer
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 live in a house.

Stains on a carpet may be outside of normal wear and tear however, regardless of whether or not you have pets. Depending on the damage to the carpet that may fall outside of...

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

1 Answer | Asked in Bankruptcy and Consumer Law for Indiana on
Answered on May 10, 2018
Timothy Denison's answer
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.

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

2 Answers | Asked in Consumer Law, Criminal Law, Domestic Violence and Family Law for Indiana on
Answered on Mar 22, 2018
John Mario Acosta Jr.'s answer
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 and fill it out and bring it back.

Q: What could the possible charges be for theft?

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Small Claims for Indiana on
Answered on Mar 8, 2018
Andrew L. Bennett's answer
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 your first offense you should qualify for a PreTrial Diversion which would keep a conviction off your record. You should consider talking to a local attorney do determine if you can get a PTD on your...

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

1 Answer | Asked in Contracts, Landlord - Tenant and Consumer Law for Indiana on
Answered on Mar 7, 2018
Alexander Florian Steciuch's answer
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. There may be additional terms in your lease that are relevant to this discussion that could substantially alter your agreement.

Your best course of action is to consult with a landlord/tenant...

Q: Can I sue?

1 Answer | Asked in Domestic Violence, Small Claims, Consumer Law and Personal Injury for Indiana on
Answered on Feb 16, 2018
Chase T Wilson's answer
No, because there was no physical harm done. You should, however, report her to management. That's absolutely unacceptable behavior.

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

1 Answer | Asked in Libel & Slander, Civil Rights and Consumer Law for Indiana on
Answered on Aug 5, 2017
Alexander Florian Steciuch's answer
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.

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 ??

1 Answer | Asked in Consumer Law, Family Law and Elder Law for Indiana on
Answered on Aug 2, 2017
Alexander Florian Steciuch's answer
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.

Q: I received a summons in the state of INDIANA

1 Answer | Asked in Bankruptcy and Consumer Law for Indiana on
Answered on Jul 19, 2017
Alexander Florian Steciuch's answer
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 then not pay that judgment and the opposing side asks for another hearing to determine your ability to pay after your nonpayment, you may then get a warrant out for contempt of court if you do not show...

Q: Over filled tires.

1 Answer | Asked in Consumer Law and Products Liability for Indiana on
Answered on Jul 7, 2017
Peter Munsing's answer
If they had the wrong tires that would be what you can make your claim on, and the cost of replacing the sensor.

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

1 Answer | Asked in International Law, Consumer Law and Real Estate Law for Indiana on
Answered on Jul 6, 2017
Richard Sternberg's answer
Sounds like a brand new variant of a popular scam. Check them out in full before paying anything.

Q: Can I sue the county for an air on court documents or who do I sue

1 Answer | Asked in Consumer Law, Criminal Law and Civil Rights for Indiana on
Answered on Jun 8, 2017
Andrew L. Bennett's answer
I would need more information to accurately answer your question.

Q: I am getting a call from a gentleman who claims to be an asset investigator and says I owe a debt.

1 Answer | Asked in Consumer Law for Indiana on
Answered on May 29, 2017
Alexander Florian Steciuch's answer
Be suspicious and skeptical. You cannot be arrested for not paying a debt unless you are in contempt of court. You also cannot be 'locked out of your bank account' unless they have attached it during a court proceeding. This sounds like a scam but a lot of debt collectors utilize high pressure tactics. You could try asking them for proof of the debt. It's not uncommon for people to attempt to collect on debt that is past the statute of limitations to collect on by pressuring them using...

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 gave money for a car that was never delivered and seller sold the same car to another person in which they never got.

2 Answers | Asked in Consumer Law, Criminal Law and Civil Litigation for Indiana on
Answered on Apr 9, 2017
Alexander Florian Steciuch's answer
Most definitely. Since the amount is rather low, you should most likely file in a Small Claims court where the limit for recovery is $6,000. Go to your local courthouse, visit the Small Claims clerk desk and ask for the proper form. The filing fee will probably be $125 or so but it varies from county to county. That will include the filing fee and service on the other party. Be sure to have the information of the other party, including their correct name and address. You will get a court date....

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