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Indiana Consumer Law Questions & Answers
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... View 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... View 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... View 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... View 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.

1 Answer | Asked in Consumer Law, Collections, Contracts and Landlord - Tenant for Indiana on
Q: What are my rights in court?

I was sued by an apartment I moved out of 3 years ago. Apparently they had taken me to court and had a judgement entered against me. The court said they served me a notice which I never got. They said I owed them for damages. That debt was sold to a collection agency who is taking me to court based... View More

Paul Stanko
Paul Stanko
answered on Sep 13, 2016

You can demand validation of the debt from the collection agency, but since a judgment has been entered against you already, you need to consult with an attorney to contest the judgment itself.

1 Answer | Asked in Consumer Law and Criminal Law for Indiana on
Q: Can you be charged with mail fraud for canceling a order made by phone that has never been recieved

I have a friend who recently purchased something by telephone and the item was supposed to be paid with cash upon delivery. Well when the package arrived this friend was in the hospital for a health emergency and the item was returned to the sender. Now my friend called this company to cancel the... View More

Paul Stanko
Paul Stanko
answered on Sep 11, 2016

I don't see a mail fraud issue. The company is trying to intimidate your friend. He should contact a consumer rights lawyer.

1 Answer | Asked in Animal / Dog Law, Car Accidents and Consumer Law for Indiana on
Q: Can our home owners ins be liable for a lady who hit our dog?

RANDOLPH county Indiana. We live in the country, not within city limits. Our dog was half on the road and half on our property. A lady was speeding down our road and drug the dog over 100 feet, did not stop. Went down the road about 1/2 or so and made a police report once she noticed her car was... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 30, 2016

Report it to your homeowners. Let them deny her. You may have a claim for the dog though in most states the value is minimal.

1 Answer | Asked in Medical Malpractice, Consumer Law, Civil Litigation and Health Care Law for Indiana on
Q: I had surgery last year (pre-approved by ins). After, the Anesth. Dr billed me as he was temporarily out of network.

I got insurance pre-approval for the procedure and spoke with the scheduler to ensure that everything was covered so there were no surprises (my exact words). Afterward - the Anesthesiologist balance billed me for the procedure as they said they were out of network. Insurance paid them based upon... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 27, 2016

I would suggest to the facility that arranged for the pre cert that if they have an out of network person for anesthesiology then it is up to them to tell you, and tell the anesthesiologist as he didn't let you know he was out of network you are not paying.

At the same time, I'm...
View More

2 Answers | Asked in Consumer Law for Indiana on
Q: If the bearing would've broken, it would have caused an accident. Is there anything I can do?

I had a problem that my car had a very loud noise when driving. I went and asked for the dealer to test drive and they told me it was just because the tires were worn out and that they inspected the wheels and saw nothing wrong. I took it to the shop and it was the bearing which was getting... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 6, 2015

Get it fixed? Go see an attorney about this?

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1 Answer | Asked in Consumer Law for Indiana on
Q: I WAS THE BENEFICIARY OF A 10.000 POLICY FROM STONEBRIDGE. THEY REFUSE TO PAY, WHAT TO DO/

MY NAME WAS ON THE POLICY FOR 25 YRS. THEY WANT TO PAY HER SON.

Adam Studnicki
Adam Studnicki
answered on May 29, 2015

Get the written documents and take them to a local insurance lawyer, who can review and advise. Be well.

1 Answer | Asked in Consumer Law for Indiana on
Q: Free credit report online with no credit card owner available?
Timothy Coe
Timothy Coe
answered on Feb 28, 2013

I'm sorry, but I don't understand your question. Perhaps you can fill in some more details?

1 Answer | Asked in Consumer Law for Indiana on
Q: WHAT DO I DO IF MY ATTORNEY ISNT HELPING ME AND WE HAVE A WRITTEN CONTRACT
Timothy Coe
Timothy Coe
answered on Feb 28, 2013

I think some more information is needed to answer your question. Specifically, what the case is about, when the case arose or was filed, what your attorney said she would do, and how you think your attorney is not helping you. If there is a contract with your attorney and she is simply not... View More

1 Answer | Asked in Consumer Law for Indiana on
Q: What can security guards legally do to a customer?
Timothy Coe
Timothy Coe
answered on Sep 27, 2012

I think we need more information about what specifically happened to give you a passable answer. Often situations are fact sensitive, so generalized questions don't work so well.

1 Answer | Asked in Consumer Law for Indiana on
Q: Is there legal action I can take to get a refund for a product that I still (year later) haven't recieved?

I have ordered a custom guitar speaker cabinet (which takes a few months to be made) a year later, I still don't have it, have recieved emails saying they will not refund me until they sell the speaker cabinet to thus cover their costs and have said if I email them any more they will take up... View More

Timothy Coe
Timothy Coe
answered on Sep 14, 2012

I've just answered a remarkably similar question from a remarkably similar location. If this is not the same person who asked the other question then see the other questions for consumer law in Indiana answered by yours truly.

Best of luck!

1 Answer | Asked in Consumer Law for Indiana on
Q: Likelyhood of success?

I have purchased a product from a company in Indiana/America (I am from England). Have requested a refund as the product hasn't shown up in 2 years and am getting very rude responses and most of the time no response at all. If I took said person/company owner to a small claims court (and/or)... View More

Timothy Coe
Timothy Coe
answered on Sep 14, 2012

It's possible. I would recommend hiring a local lawyer to handle it for you and there is a $90 filing fee in small claims and lawyers aren't cheap so I would ask how much it is worth to you. Now you can file yourself for just the $90 and see how it goes. You might also try filing... View More

1 Answer | Asked in Consumer Law for Indiana on
Q: Can I get a mortgage during divorce?
Timothy Coe
Timothy Coe
answered on Jul 17, 2012

There should be no reason the court would disallow you to get a new mortgage (unless the terms you get are too bad because your soon to be ex is not applying with you and the costs might impact your ability to make the regular payments you may have to make under the provisional orders, or your... View More

1 Answer | Asked in Consumer Law for Indiana on
Q: COMCAST has contacted me at my home in Texas saying I have been sued in US District Court- Southern District of Indiana

As a John Doe. COMCAST has been subpoenaed for my name and address. I have never had an account with Comcast, nor have I ever lived in Indiana. How should I proceed?

Terrence Rubino
Terrence Rubino
answered on Aug 31, 2011

this doesn't sound right. if you have been served with a summons or received one in the mail then you have to get a lawyer. however if you haven't i personally wouldn't worry about it. you can call the district court clerk in indianapolis and ask. if there is a case naming you they... View More

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