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Indiana Contracts Questions & Answers
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 Contracts for Indiana on
Q: My mom had power of attorney on me while I was in jail she sold my property and she has kept all the money. What can I d

I have the contract and receipt book where she's gotten all the payments, she won't give me my money.

James L. Arrasmith
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answered on Sep 11, 2023

Since your mom had power of attorney while you were in jail, she had the right to manage your assets, including selling your property. However, she had a fiduciary duty to act in your best interest. Misappropriating the funds from the sale could be a breach of that duty. You may consider gathering... View More

1 Answer | Asked in Construction Law and Contracts for Indiana on
Q: Under common law does Indiana recognize UCC 1-207 ?
John Michael Frick
John Michael Frick
answered on Sep 10, 2023

Indiana statutorily adopted the UCC. UCC 1.207 is IN Code 26-1-1-207: https://law.justia.com/codes/indiana/2022/title-26/article-1/chapter-1/section-26-1-1-207/

The UCC is statutory law, not common law, although many of its provisions originated from the common law of merchants

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 Civil Litigation, Contracts and Arbitration / Mediation Law for Indiana on
Q: What happens if your mediation deadline is April 18th, and mediation was held on April 8th?

What happens if your mediation deadline is April 18th, and mediation was held on April 8th, and the parties reached a settlement agreement, but the obligations of the agreement cant be fulfilled until after the mediation deadline?

Such as the mediator filing the mediation report a week... View More

Tim Akpinar
Tim Akpinar
answered on Apr 28, 2023

An Indiana attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney, the situation you describe does arise. Mediators or arbitrators can set conditions in a report or decision that remain to be fulfilled afterwards. If the... View More

1 Answer | Asked in Contracts, Civil Rights and Employment Law for Indiana on
Q: Can I reinstate EEO claim if federal settlement agreement was not honored and I didn't contact Resolutin Mgmt in 30 days
James L. Arrasmith
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answered on Mar 30, 2023

Under federal EEO laws, employees who believe they have been discriminated against in the workplace can file a complaint with the Equal Employment Opportunity Commission (EEOC) and pursue a legal claim. In some cases, these claims are settled through a federal settlement agreement.

If you...
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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Indiana on
Q: Rent to own contract was broken by the landlord (owner/ seller) of the house, can I take them to court?

Landlord agreed to rent to own for $110,000. Landlord got a different mortgage on a new home they purchased and said they couldnt have this house( the one I was already renting to own for 5 years) as a rent to own anymore. Can I take them to court for the money I put into owning the house since... View More

Peter J. Weinman
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answered on Mar 24, 2023

Your rent-to-own contract should outline your rights and remedies. Assuming an attorney represented you when you entered into that agreement, you should speak to that attorney for advice. If you had no attorney, from my NY perspective, unless your contract prohibits it, you would need to bring an... View More

1 Answer | Asked in Contracts, Business Law, Civil Litigation and Legal Malpractice for Indiana on
Q: Lawyer violated rules conduct terribly with doc. Evid., commision denied the claim an did not act what should do next?!?

Had proof, they admitted the act in email, withdrew early and falsified the reasoning to the courts. But lied to me, made huge mistakes, acted without competence or diligence to the point of me have to help them and tell them how to do things. Confronted firm multiple times of actions but was... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 28, 2023

Of the many items you list as error, some may lead to a legal malpractice claim. Consult with experienced Legal Malpractice specialists attorneys in the state where this occurred.

1 Answer | Asked in Bankruptcy and Contracts for Indiana on
Q: What does this mean? It is ordered that the motion to Avoid Judicial Lien as to DATA is denied without prejudice.

DATA won a lawsuit against and individual for breach of contract. DATA won over $300,000 to be paid by individual. He never paid and within a year filed for bankruptcy. Today received a letter from United States Bankruptcy Court Southern District of Indiana an Order denying Motion to Avoid Lien... View More

Timothy Denison
Timothy Denison
answered on Jul 19, 2023

DATA has apparently liened up some of the debtors property. The debtor sought to strip the creditors lien off his property but the court denied the motion to do so.

1 Answer | Asked in Contracts, Collections, Landlord - Tenant and Small Claims for Indiana on
Q: My roommate is refusing to pay their half of the rent. What can I do to get them to pay? Both our names are on the lease

I moved into an apartment with my girlfriend, both our names are on the lease. She ended up cheating on me and moving out after 2 weeks of living here. She says that she will not pay any rent and so far has refused to. The leasing office informed us on during the signing process on numerous... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 18, 2022

It's possible that you have a suit against her for contribution, but just because you can sue someone doesn't mean that you are going to get anything from her. See a local lawyer for advice. This is not a criminal matter.

I hope you can cover the rent on your own.

1 Answer | Asked in Business Law and Contracts for Indiana on
Q: I run a small business where i i use free fonts online for designs. While i was downloading a font today the file opened

Saying if using for commercial purposes you must buy license for use while it’s on a free platform and can be downloaded for free, my question is do i actually have to since this is a free font on a free platform or will i still be required to buy the license?

Matthew Morris
Matthew Morris
answered on Apr 16, 2022

The fact that a font is available for free online for some purposes does not mean that you can download and use it for free for other purposes. Fonts are considered to be a type of software. Just like other types of software, the person who programmed it can distribute it with license terms,... View More

1 Answer | Asked in Contracts, Criminal Law, Family Law and Personal Injury for Indiana on
Q: Can I stay after eviction n also appeal I didn't n couldn't make court this landlord throwing me out
Tim Akpinar
Tim Akpinar
answered on Mar 30, 2022

I'm sorry your question remains open for two weeks on such an urgent matter. This is something that an Indiana landlord-tenant attorney would have insight into. The question was overlooked under Personal Injury and other categories. If you haven't done so already, you could reach out to a... View More

1 Answer | Asked in Contracts, Business Formation and Business Law for Indiana on
Q: My dad was the sole owner of an llc. He has since passed away. Do we restructure or start a new one?
Michael Ray Smith
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Michael Ray Smith
answered on Jan 16, 2022

A single member LLC is dissolved unless, within 90 days of the member's death, the deceased member's personal representative takes action to designate at least one new member. If an attorney was hired to handle the probate estate, talk to that attorney about it, or contact a lawyer... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Personal Injury and Contracts for Indiana on
Q: having persistent issue of sewers backing up into home for over 5 years in a row, i own the unit , an rent the land
Charles Candiano
Charles Candiano
answered on Nov 7, 2021

I assume you do not want a plumber so you really need to ask a legal question, though it seems apparent you need to have check-valves installed to prevent back-up.

1 Answer | Asked in Employment Law, Contracts and Workers' Compensation for Indiana on
Q: Can a place of employment make you sign another offer letter after they got the pay rate wrong on the first?

A company I work for is being bought/transitioned to a new company. Employees are being encouraged to transition over as well, with better pay rates. They have sent out employment offer letters to each employee to sign detailing their individualized pay rates. I received my first one and signed it... View More

Charles Candiano
Charles Candiano
answered on Oct 7, 2021

This is question of Contract Law. Workers' Compensation deals exclusively with work-related injuries. If you were offered $16.30 per hour and you accepted that rate of pay, the must pay you $16.30 for all hours worked from the date you accepted the offer to the date that they changed their... View More

2 Answers | Asked in Contracts, Bankruptcy and Landlord - Tenant for Indiana on
Q: My wages are being garnished from me forgetting to take my name off the lease that my ex shared. How can I stop this?

I moved out of my apartment after I broke up with an ex a while ago. He stayed. I forgot to take my name of the lease and he can't keep a job, so now the creditors are coming after me. They've garnished my wages and now I can't afford food or gas. Please, what can I do to fix this?

Timothy Denison
Timothy Denison
answered on Jul 29, 2021

File a chapter 7 or Chapter 13 to terminate the garnishment.

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1 Answer | Asked in Criminal Law, Federal Crimes and Contracts for Indiana on
Q: 2 months after serve out of parole in Kentucky, Indiana parole office along with two Tell City, Ind. officers.

Kick in my dad's house, handcuff and hold at gun point my little brother and go through all my father's residence, property and garages. My buddy's house is kicked in and searched and my house is doors rammed off the hinges and completely tossed upside down to the point of... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on May 11, 2021

I'd suggest consulting with a civil rights attorney who is familiar with 1983 actions. Keep in mind you have a time limit to put the agencies on notice.

1 Answer | Asked in Contracts and Estate Planning for Indiana on
Q: Can you have a Co-Agent durable power of attorney in Indiana, and is there such a thing as "oral power of attorney"?

My mother is currently in the hospital, and there is the possibility of her dying. My sister and I want to be co-agents on a durable power of attorney.

Nina Whitehurst
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answered on Jan 21, 2021

You can definitely be co-agents. If you do that, be sure the POA is clear on whether you have independent authority or must act together.

You would not meet with any success trying to get any third party to honor an "oral" power of attorney.

1 Answer | Asked in Contracts and Construction Law for Indiana on
Q: Can the city decided to cancel the contract and do the demolition themselves.?

I have a contract with the city parks and recreation to tare down 2 horse barns, for the lumber. No cost to the city. I still have to pay my employees. No finish/completion date was set in the contract. Can the park superintendent decide to have city employees take the barns down an cancel the... View More

Tim Akpinar
Tim Akpinar
answered on Nov 28, 2020

An Indiana attorney could answer best, but you await an answer for four weeks. It could depend on the terms of the contract, particularly if it contained any provisions for cancellation. One option might be to review the contract with an Indiana attorney. COVID-related defenses have been used in... View More

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

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