Indiana Small Claims Questions & Answers

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

1 Answer | Asked in Small Claims for Indiana on
Answered on Jan 14, 2019
Alexander Florian Steciuch's answer
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 limitations. Best course of action would be to have an attorney in the area the small claims proceeding is being held and contact them on your behalf to either appear on your behalf or resolve this issue.

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

1 Answer | Asked in Small Claims for Indiana on
Answered on Nov 19, 2018
Alexander Florian Steciuch's answer
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.

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

1 Answer | Asked in Small Claims for Indiana on
Answered on Nov 7, 2018
Alexander Florian Steciuch's answer
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 be a responsible driver and be aware of your surroundings as circumstances change on the ground that are not reflected in the map.

You can still attempt to sue, but I do not know how...

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

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Indiana on
Answered on Jul 31, 2018
Alexander Florian Steciuch's answer
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.

Second, there is no hard or fast rule as to what constitutes constructive eviction. It will always be dependent on the specific facts of your case. If you live in unsafe conditions and have hurt...

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!

1 Answer | Asked in Contracts and Small Claims for Indiana on
Answered on Jul 24, 2018
Alexander Florian Steciuch's answer
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 that you attempted to pay but payment was refused. The next step your landlord will likely take is to file for an eviction either due to lack of payment or some other breach of the lease agreement....

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

1 Answer | Asked in Small Claims for Indiana on
Answered on Jul 3, 2018
Alexander Florian Steciuch's answer
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.

Q: We're can I get free legal advice

1 Answer | Asked in Criminal Law and Small Claims for Indiana on
Answered on Jun 13, 2018
Andrew L. Bennett's answer
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.

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

1 Answer | Asked in Small Claims for Indiana on
Answered on May 2, 2018
Alexander Florian Steciuch's answer
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 her for the cost of the damages. If she indigent, her few sources of income could be exempt from collections.

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

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Small Claims for Indiana on
Answered on Apr 29, 2018
Betsy Walits' answer
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.

Q: what is the penalty for time theft?

1 Answer | Asked in Criminal Law and Small Claims for Indiana on
Answered on Apr 16, 2018
Andrew L. Bennett's answer
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.

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

1 Answer | Asked in Criminal Law and Small Claims for Indiana on
Answered on Apr 11, 2018
Alexander Florian Steciuch's answer
If he violates the protection order, then yes, he could go to jail over this.

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

1 Answer | Asked in Landlord - Tenant and Small Claims for Indiana on
Answered on Mar 8, 2018
Alexander Florian Steciuch's answer
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 they left behind is abandoned or get it in writing somewhere that they took all of their property.

Q: What could the possible charges be for theft?

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Small Claims for Indiana on
Answered on Mar 8, 2018
Andrew L. Bennett's answer
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 your first offense you should qualify for a PreTrial Diversion which would keep a conviction off your record. You should consider talking to a local attorney do determine if you can get a PTD on your...

Q: Can I sue?

1 Answer | Asked in Domestic Violence, Small Claims, Consumer Law and Personal Injury for Indiana on
Answered on Feb 16, 2018
Chase T Wilson's answer
No, because there was no physical harm done. You should, however, report her to management. That's absolutely unacceptable behavior.

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

1 Answer | Asked in Personal Injury, Products Liability and Small Claims for Indiana on
Answered on Feb 16, 2018
Chase T Wilson's answer
They'll get a judgment and then collect, garnish your wages, or lien your tax return depending on what you do.

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

2 Answers | Asked in Products Liability and Small Claims for Indiana on
Answered on Dec 29, 2017
Peter Munsing's answer
Contact the Court. See if your case was misfiled. Or maybe dropped if they sent you a notice to which you didn't repsond.

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

1 Answer | Asked in Real Estate Law, Patents (Intellectual Property) and Small Claims for Indiana on
Answered on Nov 6, 2017
Kevin E. Flynn's answer
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

Q: How much would it be to lift a warrant on someone who missed a court date ?

1 Answer | Asked in Criminal Law and Small Claims for Indiana on
Answered on Oct 5, 2017
Andrew L. Bennett's answer
You would need to provide much more information to answer the question accurately. A warrant can only be lifted by the court and that would depend on the underlying charge, the length of time since missing the court date, the number of times the person has missed court in this case and any other cases, if any. Some judges refuse to recall warrants. You should contact a local attorney who can better answer your question when more information is provided.

Q: I have some small claims court issues that I need representation, what is the basic charge for something like this??

1 Answer | Asked in Civil Litigation and Small Claims for Indiana on
Answered on Sep 12, 2017
Alexander Florian Steciuch's answer
There's no definitive answer that anyone here can give you. Attorneys all have different fees and fee schedules. Some may offer a flat fee while others ask for a retainer. Others may charge hourly and bill you later. The only way to get a definitive answer is to call attorneys and ask them.

Q: I loaned a friend over $3100 in cash. I have various text messages stating he will pay me back. do I have a case?

1 Answer | Asked in Small Claims for Indiana on
Answered on Aug 21, 2017
Alexander Florian Steciuch's answer
This is what Small Claims court is made for. Take screenshots of your text messages, print them, show the name, the phone number and the time and dates of the messages on those prints and get ready to file a Small Claims case. Go to your local county court, find the Small Claims clerk, ask for a complaint form, pay the filing fee and service fee and gather any other evidence that you have. This can usually all be done without the help of a lawyer. Just remember though that you have to be able...

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