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Indiana Consumer Law Questions & Answers
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
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... View More

T. J. Jesky
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....
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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... View More

Alexander Florian Steciuch
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... View 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... View More

Timothy Denison
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.
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... View 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
PREMIUM
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... View 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... View More

Alexander Florian Steciuch
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.... View 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... View 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... View 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... View 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... View 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... View 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... View 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
PREMIUM
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,... View 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... View 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... View 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... View 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... View 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,... View 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...
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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... View 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.

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