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Indiana Small Claims Questions & Answers

2 Answers | Asked in Civil Litigation, Small Claims, Contracts and Civil Rights for Indiana on

Q: Is it required to to provide 24hr notice for showing or a courtesy if the agreement is expired and rent isn’t paid?

Rental agreement lapsed. Tenant was contacted 24 hr in advance via phone but the number was disconnected. Tenant claims we violated their rights. We called another resident 2 1/2hr prior and they agreed to let us in verbally.

Bruce Alexander Minnick answered on May 9, 2019

The tenant has more leagal rights than you have given them. Hire a lawyer and fix the problem before it worsens.

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1 Answer | Asked in Landlord - Tenant and Small Claims for Indiana on

Q: Can part of the security deposit be used for excess utility usage if the utilities are included in the rent

Indiana Code 32-31-3-13(4)

Rent paid in full

Alexander Florian Steciuch answered on May 3, 2019

The statute you linked answers your question.

"(4) To reimburse the landlord for utility or sewer charges paid by the landlord that are:

(A) the obligation of the tenant under the rental agreement;  and

(B) unpaid by the tenant."

If the utilities are included...
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1 Answer | Asked in Criminal Law, Identity Theft, Small Claims and Employment Law for Indiana on

Q: my old roommate has been using my payroll card for months...

Alexander Florian Steciuch answered on Feb 26, 2019

What's the question? Report him to the police, freeze your credit if you are afraid that a loan has been taken out in your name or other accounts established and look into filing a claim against him for any damages you have incurred.

1 Answer | Asked in Small Claims for Indiana on

Q: I received a small claims order from an eviction 13 years ago. Do I settle? I live 200+ miles away and cannot appear.

I thought statute of limitations was well expired. I haven't recieved a single notice for YEARS. Kid in college now. Really cannot afford even a dime. As a tipped employee, my actual pay isn't on a check to be garnished. When I read BBB reviews for Sentry Management, it makes me nervous to even... Read more »

Alexander Florian Steciuch answered on Jan 14, 2019

Statute of limitations of limitations for back rent is 6 years. You absolutely need to respond, because even if the charges are past the statute of limitations, you need to respond to point this out, otherwise they could obtain a default judgment against you regardless of the statute of... Read more »

1 Answer | Asked in Small Claims for Indiana on

Q: Can I get evicted from an address I never lived at? And have a judgement against me in that eviction case?

I help someone get a place for rent. The property management co. said they needed my name on the lease. I said I didn't think I should sign it since I wouldn't be living there. They said that was ok, they just need me to sign it so they can use my credit numbers to get the house rented for the... Read more »

Alexander Florian Steciuch answered on Nov 19, 2018

This is 100% legal. You signed the lease agreement and agreed to be held responsible for the rent. They didn't receive rent and now they are coming after you for it.

1 Answer | Asked in Small Claims for Indiana on

Q: can i sue apple maps for causing my accident? road stays straight and doesn’t tell me to turn on the app

caused car to drive into swamp and is totaled now

Alexander Florian Steciuch answered on Nov 7, 2018

Nowhere in the directions that Apple Maps gives does it ever tell you to take your eyes off of the road or rely solely on the directions that the app is giving. If you look at the terms and services you will find language that says as much that you agreed to in order to use the app. You still must... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Indiana on

Q: I plan on constructively evicting myself from my apartment, what is considered uninhabitable in order for me to do this?

Going on 3 months now, I have had a leak from my roof, they have come to "fix" it several times and i still have the same issue, with electrical wires being exposed very close to the leak, and the leak making puddles on my stairs causing me to fall, would that be considered uninhabitable? There is... Read more »

Alexander Florian Steciuch answered on Jul 31, 2018

First off there is no such thing as 'constructively evicting yourself.' Constructive eviction occurs when a landlord fails to provide or maintain the rental premises in such a way that deprives the tenant of their rights to quiet enjoyment and/or violates the implied warranty of habitability.... Read more »

1 Answer | Asked in Contracts and Small Claims for Indiana on

Q: LL gave us a 30 day notice to vacate. Then 10 days in gave us a 10 day notice. She refuses to take Rent!

Lease states We pay by the 3rd or late fee is added until the 15th. She gave us the 30 day on the 7th and refused to take money on the 12th.

Alexander Florian Steciuch answered on Jul 24, 2018

You can only be evicted from your home with an order from the court. The notices to vacate are not legally enforceable. However, not accepting rent payments is more problematic. If the landlord is not accepting rent payments you should document your attempts and create some sort of record to show... Read more »

1 Answer | Asked in Small Claims for Indiana on

Q: Small claims after divorce for not paying their part of debt

Credit card debt in my name but both ordered to pay half. My half is paid. Ex is taking over a yr to pay and keeps mis sing payments, effecting my credit score. Can I pay their partoff and sue in small slams for the amount I paid.

Alexander Florian Steciuch answered on Jul 3, 2018

Small Claims is not the appropriate court to bring a claim against them in. Since this is related to your divorce, the court that handled your divorce maintains jurisdiction over the case.

1 Answer | Asked in Criminal Law and Small Claims for Indiana on

Q: We're can I get free legal advice

Andrew L. Bennett answered on Jun 13, 2018

It depends on the type of case, however, you should contact the local county bar association to see if there is a service. Also you can google to see if there is a legal aid society near you that may be able to help.

1 Answer | Asked in Small Claims for Indiana on

Q: Neighbors daughter threw a bottle at my windshield at my apartment and busted it, says she doesn't have a job to pay.

Alexander Florian Steciuch answered on May 2, 2018

Not having a job does not excuse someone from liability for their actions. You can still bring an action against the neighbor for her daughter's actions (assuming the daughter is a minor here).

What not having a job could complicate is your ability to collect any judgment you have against...
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2 Answers | Asked in Divorce, Family Law, Real Estate Law and Small Claims for Indiana on

Q: Divorced 5 years ago. Husband awarded house in decree with no time limit to refinance. Still in both our names.

Property deed is still in both of our names. He recently wanted me to sign a contract for people to buy it on contract however the mortgage company said that was a breach of our loan so I declined to sign contract for sale. I have since learned he had his lawyer draw up new contract for sale and... Read more »

Betsy Walits answered on Apr 29, 2018

You would file contempt charges against him if your order states he needs to take the house out of your name. Sounds like he has bad credit now so you’d have to ask the Judge to order the sale of the house.

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1 Answer | Asked in Criminal Law and Small Claims for Indiana on

Q: what is the penalty for time theft?

this is the first time for a friend. they have a clean background history. they were suspended for time theft, no warning, no write up, straight to suspension. will they go to jail? what is the penalty for it? how serious is it? what if my friend turn to police first before the job reports it?

Andrew L. Bennett answered on Apr 16, 2018

Your friend should consult with an attorney, most have free consultations, depending on the level of the theft the jail possibility is none to 2 1/2 years or more.

1 Answer | Asked in Criminal Law and Small Claims for Indiana on

Q: My husband has a protection order against him for claims on stalking. Will be go to jail over this?

There is out right lies with absolutely no evidence to back up claims.

Alexander Florian Steciuch answered on Apr 11, 2018

If he violates the protection order, then yes, he could go to jail over this.

1 Answer | Asked in Landlord - Tenant and Small Claims for Indiana on

Q: What is the responsibility of the landlord when tenant moves and leaves items behind?

Can a landlord dispose of abandoned property left behind by a tenant that has vacated?

Alexander Florian Steciuch answered on Mar 8, 2018

If the property is abandoned then yes, you can dispose of the property freely. That's the bind though. Just because the property has been left behind does not necessarily mean that it has been abandoned. The best way to cover your liability is to have the previous tenants sign off that any property... Read more »

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?

.

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... Read 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 that I did... Read more »

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, Products Liability and Small Claims for Indiana on

Q: being sued by the state for damage to city property due to a car accident what do they usually do if they won't settle

the judgement is still pending

- the attorney for Indiana will not settle

Chase T Wilson answered on Feb 16, 2018

They'll get a judgment and then collect, garnish your wages, or lien your tax return depending on what you do.

2 Answers | Asked in Products Liability and Small Claims for Indiana on

Q: I was the plaintiff in a Small Claims case 17 months ago. We haven't heard a peep since. What can we do? Is it possi

ble that the judge is still considering our case? It was complicated: i sued a global paint company for product defect - the label didn't include a warning that the paint might have long-term odor issues. We had to replace our drywall. Could she be researching? How long is reasonable?

Peter N. Munsing answered on Dec 29, 2017

Contact the Court. See if your case was misfiled. Or maybe dropped if they sent you a notice to which you didn't repsond.

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1 Answer | Asked in Real Estate Law, Patents (Intellectual Property) and Small Claims for Indiana on

Q: My dad has past and he have property in Indiana but his wife that's not legally married has the property

My dad has past and he have property in Indiana but his wife that's not legally married has the property and her name is on it the only reason she got the house because they thought they were married my dad have two daughters my oldest sister do not want the house but I do who do I talk to and what... Read more »

Kevin E. Flynn answered on Nov 6, 2017

So sorry, you question was posted to the patent/invention area. You may want to delete the patent topic.

Best wishes to seek a solution with respect to your father's property.

Kevin

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