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Indiana Consumer Law Questions & Answers
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... Read more »

Chase T Wilson
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... Read more »

Chase T Wilson
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... 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
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
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
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... Read more »

Peter N. Munsing
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
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.

1 Answer | Asked in Consumer Law, Criminal Law and Civil Rights for Indiana on
Q: Can I sue the county for an air on court documents or who do I sue

My class A misdemeanor is a Class D Felony on the court documents

Andrew L. Bennett
Andrew L. Bennett answered on Jun 8, 2017

I would need more information to accurately answer your question.

1 Answer | Asked in Consumer Law for Indiana on
Q: I am getting a call from a gentleman who claims to be an asset investigator and says I owe a debt.

He's aids that it needs to be paid immediately or they are going to serve me and have me arrested. There is also a woman that I talk to that says she is an attorney with a totally different phone number which is from my state. They both tell me the same thing. I legitimately owe this debt,... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on May 29, 2017

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... 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... Read more »

Alexander Florian Steciuch
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 »

2 Answers | Asked in Consumer Law, Criminal Law and Civil Litigation for Indiana on
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.

I gave $580 which was half on car plus parts needed for a repair. Was to pay remainder $450 5 days later when repairs were done. Seller won't return calls or texts. Seller sold same car to another person which they didn't get car either. Can I press charges?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Apr 9, 2017

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... Read more »

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1 Answer | Asked in Estate Planning and Consumer Law for Indiana on
Q: Are any mortgage companies exempt from allowing you to assume my deceased mother's mortgage?

My mother recently passed away. Trying to get things taken care of, my sister called the mortgage company to inform them of her passing. While speaking with someone, she asked about us assuming/taking over the mortgage. (My mother willed her mortgaged home to both my sister and I) They told her,... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Mar 3, 2017

The mortgage (to be enforceable) needs to be recorded with the land records in the county where the land is located. Go look it up there if you can't find your mother's copy.

There ARE some mortgages that are 'non-assumable' and that should be spelled out in the...
Read more »

1 Answer | Asked in Consumer Law for Indiana on
Q: Can a customer take vehicle without paying final bill?

My husband owns his own custom car shop. A customer left his vehicle at the shop after going over what work he wanted done. They did not discuss a date it would be finished. There was no contract with a final finish date, only an invoice stating the amount of bill. The customer called my... Read more »

Paul Stanko
Paul Stanko answered on Dec 24, 2016

I am surprised he was able to get police to assist him in taking his car back. He "can" do that, because obviously he "did" do that, but your husband can sue him for the value of parts and labor he put into the job.

1 Answer | Asked in Consumer Law for Indiana on
Q: Can towing companies charge whatever they want when towing an incapacitated car in a private park?

My car's battery died and I had to leave it in a parking lot of a business. The towing company now wants me to pay $200. Can they charge whatever they want or are there guidelines they have to go by? Thanks.

Paul Stanko
Paul Stanko answered on Oct 27, 2016

They can charge whatever the market will bear.

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 Consumer Law and Business Law for Indiana on
Q: used car advice and recourse?

I bought two used cars in Indiana as is, one truck & one car. After purchasing I had a mechanic look at the vehicles and he found many issues with both. The truck had deliberate rigging to the brakes, starter, and exhaust. Some held together with vice grips. Is there and legal action I can take... Read more »

Paul Stanko
Paul Stanko answered on Sep 17, 2016

You bought the vehicles AS IS. You might still be able to allege Fraud.

1 Answer | Asked in Business Law and Consumer Law for Indiana on
Q: as a machinery builder - If I wanted to advertise our machinery and its ability can I show a product that is the market

place already : Like Boost , Muscle Milk - Motts juice

Paul Stanko
Paul Stanko answered on Sep 17, 2016

It sounds like the products you are referring to are simply props to demonstrate your own machinery. Having them in the background should not present a problem.

1 Answer | Asked in Consumer Law for Indiana on
Q: Legal or Illegal? Car Loan Interest applied jumping all over, not going down steadily

Legal or Illegal?

Car Loan. High interest rate.

I looked at the last two years and noticed interest applied to the loan jumped all over. According to a normal amortization schedule, interest payment should have only been above $200 the first month. Only 10 payments from the 2... Read more »

Paul Stanko
Paul Stanko answered on Sep 15, 2016

You should contact a consumer lawyer. It sounds like you might be getting scammed.

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.

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