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

Chase T Wilson
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
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
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... Read more »

Kevin E. Flynn
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

1 Answer | Asked in Car Accidents, Personal Injury and Small Claims for Indiana on
Q: Have PI lawsuit against at fault person, auto accident.Can I file small claims for what insurance not covering?

Lost my job and insurance after 12 mos FMLA and now on SSDI. LTD company now wanting money back I was paid after I received SSD award back pay of $5000. I need the SSD back pay to cover COBRA costs. Can I file small claims against individual to recoup more of my lost earnings above his... Read more »

Chase T Wilson
Chase T Wilson answered on Oct 24, 2017

Likely no, the insurance company will require you to sign a release before giving you the settlement proceeds. That release will bar you from going after the insurance company or the individual in the future.

1 Answer | Asked in Criminal Law and Small Claims for Indiana on
Q: How much would it be to lift a warrant on someone who missed a court date ?
Andrew L. Bennett
Andrew L. Bennett answered on Oct 5, 2017

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... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Indiana on
Q: I have some small claims court issues that I need representation, what is the basic charge for something like this??
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Sep 12, 2017

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.

1 Answer | Asked in Small Claims for Indiana on
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?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Aug 21, 2017

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... Read more »

1 Answer | Asked in Civil Rights, Small Claims and Real Estate Law for Indiana on
Q: sold a house while out of state and new owner wont let us retreive our possessions

movers were there at time of closing and new owner told them to leave or he would call the cops, 2 couches, a dinner table, and a jewelry box are inside. What are my rights on retrieving them, or are they now his property?

William C. Head
William C. Head answered on Aug 14, 2017

The description given is unclear. You SOLD a house, but left items inside it, after the sale? Was there anything put in writing about that? For how long were the items there?

You could either have a criminal case against them, or a civil case, but without any agreement, I have never heard...
Read more »

1 Answer | Asked in Small Claims for Indiana on
Q: What options are available to people who are on SSD an are being taken to Small Claims Court for Credit Cards and Med.

6 years ago after a Surgery I became Totally Disabled and now receive SSD. We are just getting by and haven't been able to pay for Medications and Specialists that I need. I am now being taken to Small Claims. So far there has been 3 back to back. The first 2 we made payment arrangements but... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jul 20, 2017

If you are having struggles with making payments on your debts you may want to consult with a bankruptcy attorney to discuss your options.

That said, if your only source of income is SSD chances are high that you meet indigent status and your income falls below a certain threshold where...
Read more »

1 Answer | Asked in Personal Injury, Child Custody, Small Claims and Libel & Slander for Indiana on
Q: Facebook and cps false allegations made of drugs and child abuse as well as residency. Proof of being false. What's next

A family members ex called cps making claim I do drugs as well as physically harm my child. She has also posted on social media in open as to me lying about having cancer and lying to the government for assistance for myself and child. I have photos proof as well as copies cps has looked at my... Read more »

Chase T Wilson
Chase T Wilson answered on Jul 20, 2017

You may have a claim, but these types of claims are not only extremely difficult to prove, they also rarely pay out as there is no insurance and most individuals don't have the money to pay a substantial verdict. You also have to show the economic harm that these statements have caused, which... Read more »

1 Answer | Asked in Traffic Tickets, Car Accidents, Collections and Small Claims for Indiana on
Q: Towing company charging me to get my own property

I was in an accident involving only myself. My vehicle was then towed. I need to get some of my personal belongings out of the vehicle but the towing company wants to charge me to get my things. Can they do this? I have all the paperwork and the keys to the car.

Charles Candiano
Charles Candiano answered on Jun 22, 2017

If your car was towed because it was not driveable, the towing company had a right to tow it and an obligation to store it, probably under police order. If you do not have towing on your car insurance or you do not have car insurance, you are responsible for the towing and storage fees. The... Read more »

2 Answers | Asked in Personal Injury, Health Care Law, Landlord - Tenant and Small Claims for Indiana on
Q: Neighbor's dog ran on my property and bit my leg. Do I have a claim?

I was walking out of my garage going to get mail. Next door neighbor's dog ran up to me and started barking. While the minor who was with him told me he (the dog) didn't bite, the dog instead bit me three times. One of those times left a mark on my lower leg. I spoke with one parent who... Read more »

Chase T Wilson
Chase T Wilson answered on May 22, 2017

Do you have a claim?: Maybe, this depends on whether the dog has shown a violent propensity before, this is known as the "one bite" rule in Indiana. Basically, if the dog has never bit anyone before then the owner will not have had sufficient notice of the dog's violent propensity... Read more »

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1 Answer | Asked in Small Claims, Contracts and Lemon Law for Indiana on
Q: I sold a car on Craigslist, now the buyer says the transmission is bad, am I at risk of having to ray her for the repair

I sold the car on 3/4/2017. Now today 3/6/2017 she called me saying hat the transmission is going bad. She and a friend test drove the car before they bought it. We even took it to advanced auto because they wanted to see if any codes came up to see what was wrong with the car. We did that and only... Read more »

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Apr 9, 2017

There's nothing stopping her from suing you for the cost of the transmission or for fraud. The real question is whether or not she would be successful. Unless you made any guarantees, offered her a warranty or had knowledge of a material defect, which it does not sound like you did, the odds... Read more »

1 Answer | Asked in Small Claims and Real Estate Law for Indiana on
Q: I live in Indiana 3 years ago my neighbors tree fell into my house during a storm has the statute of limitations passed?

I've tried to be neighborly but have recently had more issues with him on another tree. Do I have any options for the one that happened 3 years ago and is their anything I can do about a tree that is dead center on the property line that I want gone but he doesn't?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Mar 25, 2017

Most likely yes, the statute of limitations has passed. You had 2 years from the actual occurrence of the tree falling onto your house during the storm to bring a claim against him.

As for the one that is on the property line, if it is on your property, feel free to take care of it...
Read more »

1 Answer | Asked in Small Claims and Personal Injury for Indiana on
Q: Can the victim sue for pain and suffering in a convicted child molestation case?
Jonathan R. Roth
Jonathan R. Roth answered on Mar 23, 2017

A victim can sue the criminal in civil court for any and all damages subject to each states Statute of Limitations. Damages are not generally part of a criminal proceeding for child molestation.

1 Answer | Asked in Civil Litigation and Small Claims for Indiana on
Q: I won a small claim case with a much smaller amount than what was expected.

The amount awarded was a ridiculous lower amount. Would it be worth appealing and what are my rights of putting a sign up on my property against the company that is messing people over?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Mar 10, 2017

No, it would not be worth appealing. The limit for collecting in Small Claims in Indiana is $6,000. If you look to appeal a judgement from Small Claims you will need an attorney because appealing is not friendly to non-lawyers and you will have to hire an attorney to help you. The costs for hiring... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Indiana on
Q: Q: Our soon to be ex son in law owes us a few thousand dollars and promised to pay us in oct 2016. He didn't,

He didn't, I contacted him through

Messages (have the proof he promised to pay us) and he still has not given us our money. Can I hold most of his tax refund for what he owes and write him a receipt of paid in full and give home what is left since I am the one doing his taxes?

Paul Stanko
Paul Stanko answered on Jan 30, 2017

You have no right to take another person's tax refund. Consult an attorney and/or file a small claim, but do not seize another person's property (tax refund) without court order!

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