Lawyers, Answer Questions  & Get Points Log In
Indiana Small Claims Questions & Answers
1 Answer | Asked in Civil Litigation and Small Claims for Indiana on
Q: Hello. My ex left their vehicle at my house. It’s been about theee months now. Can I claim ownership

Numerous attempts made trying to get removal. Times were agreed upon and never followed through with.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2024

In most states, you cannot automatically claim ownership of a vehicle that someone else has left on your property, even if they have failed to remove it after multiple requests and a significant amount of time has passed. However, you may have some legal options to have the vehicle removed or to... View More

1 Answer | Asked in Contracts and Small Claims for Indiana on
Q: If someone wants to borrow money & OFFERS an interest rate higher than state max, can I accept it w/o usury concerns?

Indiana State max interest on loans is 21% per annum, but I would not be stipulating, requiring, or requesting the interest. I would strictly be accepting an offer made voluntarily. For example, someone wants to borrow $100 for a week and offers to repay $110. Can I accept this without running... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

In Indiana, the maximum allowable interest rate on loans is regulated by state usury laws, and exceeding these limits can result in legal consequences. While state law may set a maximum interest rate, it's generally applicable to contractual agreements. If the borrower voluntarily offers a... View More

1 Answer | Asked in Civil Litigation and Small Claims for Indiana on
Q: I have small claim case for a.medical bill. The court said they canceled the date

The paper I got said due to unforseen circumstances the court date had been canceled and either party can ask for a new date. I called the court to make sure it was canceled and the guy on the phone said he don't show it canceled but online and the paper I recieved say it is. I don't want... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2023

If you received a notice stating that the court date for your small claims case has been canceled, it would be prudent to rely on that information. However, to ensure clarity, you may consider contacting the court again and explaining the discrepancy between the notice you received and the... View More

1 Answer | Asked in Small Claims and Municipal Law for Indiana on
Q: I have a vehicle that I put in someone else's name for a time and they promised to sign the title back over but won't?

How can I get the title back in my name and out of theirs?

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 22, 2022

Your only hope is to sue them, but I don't know what you'd allege. When you signed the title to them, voluntarily, it became their car. I know this was all verbal. See an attorney and expect to pay a good amount for someone to take your case.

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 Car Accidents, Municipal Law and Small Claims for Indiana on
Q: A light pole fall on top of my car in the middle of a rain storm. What type of laywer do I need?

My car is mexican and insurance only covers third party accidents. The sheriff said I needed to go to the city so that they would make the electric company pay for the damages. Inspection determined that the pole fell due to the wood being rotten. The car suffered great damages and is unusable now.... View More

Charles Candiano
Charles Candiano
answered on Jul 18, 2022

Hopefully, you took several pictures of the car with the downed light pole so that you can prove that the damage to the vehicle was caused by the downed pole. You said that the sheriff was there so the sheriff should have prepared a report, memorializing the downed utility pole and the damage to... View More

1 Answer | Asked in Bankruptcy, Collections, Landlord - Tenant and Small Claims for Indiana on
Q: Can I fight judgement interest if I wasn't notified of the judgement?

I received proceedings supplemental in May of this year for $9000 the original judgement was for $6000 dollars. I had no idea about the judgment as I was never served papers and never notified of any judgement against me. Will I be able to fight the interest accrued?

Timothy Denison
Timothy Denison
answered on Jun 30, 2022

If you were not served, yes. Otherwise, likrly not.

1 Answer | Asked in Small Claims for Indiana on
Q: What do I do?

Papers were left in my door saying I needed to show up for court in August I am being sued for like $3000. I have read it over and over again and it does not say who is suing me. So I have no clue who or why I'm being sued for that amount of money.

Tim Akpinar
Tim Akpinar
answered on Jul 27, 2021

An Indiana attorney could advise best, but your question remains open for two weeks. And time could be of the essence in your response. At this point, you may have already sorted this out. If not, contact the clerk of the court and provide whatever information is contained in the paperwork. In most... View More

1 Answer | Asked in Small Claims for Indiana on
Q: Ordered to court to answer interrogatories for a small claim... what if I choose to ignore?

State of Indiana. I’ve received subpoenaed/ summons for this small claims a few different times but have been ignoring it as for I do not have the money to pay at this time. This last time though, I got a summons with an actual court date saying I am ordered to appear in court and answer... View More

Tim Akpinar
Tim Akpinar
answered on Mar 27, 2021

An Indiana attorney should advise you, as your question could involve state-specific civil procedure practices. However, your question remains open for two weeks, and as a GENERAL matter, it would not be good to ignore those things. As a GENERAL matter nationwide, ignoring summons & complaint... View More

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Indiana on
Q: Since covid 19 started well little but after i have been unable to pay my credit cards and 1 loan, i have moved how can

Find out if there is a summons for me or court date in Indiana

Timothy Denison
Timothy Denison
answered on Mar 13, 2021

Call the court in the county in which you live.

1 Answer | Asked in Landlord - Tenant and Small Claims for Indiana on
Q: Can landlord sell the home after I have been renting for 19.5 yrs, lease isn't up and new people r sueing and evicting

Us what can we ask our lawyer to due, I don't believe paying for move and deposit, is enough after us loosing our home after 19.5 yrs, and during this pandemic and winter

Troy Tyson
Troy Tyson
answered on Feb 10, 2021

Your landlord would not be prevented from selling the property to another owner. However, whether the new owners are justified in filing an eviction against you would depend on if you have violated a term of the lease or one of the tenant obligations called for under Indiana law.

1 Answer | Asked in Small Claims for Indiana on
Q: Can I be sued for an old debt to a person in IN? I dispute the debt amt but had made small payments to them over yrs.

Debt was for boarding livestock. Land owner stopped paying me for farm labor so I stopped paying the board bill. Debt is from over 13 yrs ago. I dispute the debt and amt due to their handling of money owed to me for work done. I had been making small automated bill-pay paymentsover the years... View More

Troy Tyson
Troy Tyson
answered on Feb 10, 2021

If they do sue, your argument for the 10-year limit would appear to be a strong defense.

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

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... View More

Andrew L. Bennett
PREMIUM
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... View 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... View 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,... View 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... View 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... View 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... View More

Michael Ray Smith
PREMIUM
Michael Ray 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... View 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.

View More Answers

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...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.