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Indiana Small Claims Questions & Answers
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... Read 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... Read more »

1 Answer | Asked in Civil Litigation, Small Claims and Criminal Law for Indiana on
Q: Asking advice regarding stolen tools and brother in laws shop!!!

My husband had a small office space attached to his brother in laws machine shop business. His wife, my husband's sister, took many of his expensive tools, probably about 1000 worth, out of the office and won't return them. They also took a check from his mailbox and at first refused to... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Aug 22, 2020

Has he made a police report?

1 Answer | Asked in Criminal Law and Small Claims for Indiana on
Q: Can I be evicted if someone starts an argument with me?

So today these new neighbors in my apartment complex decided to let their son like 6 or 7 pee next to my car and not only that but in front of my 7 year old daughter who already has issues and I told the mom hey can you please not let him do that by my car or in front of my child and she then... Read more »

Paul Stanko
Paul Stanko answered on Apr 3, 2020

This is not a criminal law question.

1 Answer | Asked in Divorce and Small Claims for Indiana on
Q: If my ex husband agreed in the divorce to take responsibility for our debt for apartment can they still come after me?

Me and my ex husband got evicted back in 2015 went to court they won, I haven't worked since the court ended in 2017 well they are trying to say I work which I don't but take me to court for money well at the time of mine and my ex husband court date he agreed to take full responsibility... Read more »

Troy Tyson
Troy Tyson answered on Apr 1, 2020

Yes, unfortunately, the apartment can still come after you for the debt that you signed on for with your husband, and any of your other creditors for the same type of situation can also come after you. While your divorce agreement is a court order and does make your ex-husband liable for the debts,... Read more »

1 Answer | Asked in Small Claims for Indiana on
Q: I found out a friend who was keeping my parrots gave them to a rescue without contacting me to get them back.

She has not answered her phone and seems to have up and moved away. She gave them to a bird rescue, where he acknowledges the birds are mine (we messaged and talked by phone) but says I have to legally go after her, not him. I have proof in writing that this woman and I had an agreement and that... Read more »

Anitra Walker
Anitra Walker answered on Dec 10, 2019

Based on the facts, it appears you do have a civil claim for approximately 1600.00 against your friend. The problem is you will need to locate her in order to effectively bring the lawsuit. Also, if you believe she lives in the state of Indiana, the lawsuit will need to be filed in Indiana. The... Read more »

1 Answer | Asked in Civil Rights, Health Care Law, Real Estate Law and Small Claims for Indiana on
Q: Can Medicaid take my house? Or anyone else?

I am joint owner of a house in Indiana via a quit claim deed that states "joint tenants with rights of survivorship". The other joint owner who is my grandma is now in a nursing home and has severe dementia. My aunt took power of attorney over her healthcare and has filed a lawsuit... Read more »

Michael R. Smith
Michael R. Smith answered on Sep 27, 2019

If the deed is to you and your grandmother as joint tenants with right to survivorship, you own half of the property (the house and lot) and your grandmother owns half of the property. That's called an undivided interest because each of you has equal rights to the entire property. Indiana... Read more »

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
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
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...
Read more »

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
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... Read more »

Alexander Florian Steciuch
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... Read more »

Alexander Florian Steciuch
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
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?... Read more »

Alexander Florian Steciuch
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... 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
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
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
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
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...
Read more »

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
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
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
Alexander Florian Steciuch answered on Apr 11, 2018

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

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