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Indiana Small Claims Questions & Answers
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... View 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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
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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... View 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...
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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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...
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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... View 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!

1 Answer | Asked in Consumer Law, Small Claims and Collections for Indiana on
Q: I am being sued by a debt collector but the affidavit of debt has incorrect information. Can I get my case dropped?

The affidavit of debt states that I made a payment on 2/20/2016 but I did not. Is this cause for the case being dropped?

Paul Stanko
Paul Stanko
answered on Sep 23, 2016

Probably not, but it can certainly affect the outcome if the date is relevant and material. NOW, if the debt collector is fraudulently representing to the court that a payment was made in order to get around the statute of limitations, that is very significant! Contact a consumer rights lawyer and... View More

1 Answer | Asked in Small Claims for Indiana on
Q: I recently lost a small claims suit over earnest money wherein the facts were very simple and as follows

- the contract had a contingency for financing

- my financing was rejected due to loss of my job (I lost my job after applying for financing)

- I provided copy of contract & lender's rejection as evidence

- seller stated that he could have provided financing (which... View More

Paul Stanko
Paul Stanko
answered on Sep 21, 2016

You had the right to appeal the court's ruling to the Court of Appeals, but the time has passed. You are bound by the court's judgment.

1 Answer | Asked in Small Claims for Indiana on
Q: What are my rights

What are my rights? I'm being taken to small claims court by my mother in law over a cell phone that we were paying 100% of in her name until she decided to have it turned off. She refused to release the lines so we could open our own account so we traded the phones in and got new ones and... View More

Paul Stanko
Paul Stanko
answered on Sep 21, 2016

If your mother in law doesn't know where you live, then get a lawyer to represent you. Otherwise, when you file an answer to the small claim, your address will be on your pleadings.

1 Answer | Asked in Civil Litigation, Small Claims and Collections for Indiana on
Q: Being sued in small claims by a debt collector. Can I ask for copies of bills without resetting the clock?

I am not sure of the debt being disputed, and I'd like to know exactly what this company is trying to sue for. But I'm worried that if I call them and ask for copies of the bills, will that be considered acknowledging the debt, and allow them to reset the clock? Or is it just... View More

Paul Stanko
Paul Stanko
answered on Sep 21, 2016

Demand validation of the debt. That is your right, and it does not toll the statute of limitations.

1 Answer | Asked in Small Claims for Indiana on
Q: can I sue under habitual housing?

everything documented

Paul Stanko
Paul Stanko
answered on Sep 21, 2016

Your question is too vague to be answered.

1 Answer | Asked in Small Claims for Indiana on
Q: Neighbor sold us HIS tv and now claims its his wifes and we have to give it back or were going to court ..... PAID 400

The other day , My mother and I were walking our dogs and a neighbor of ours called us over and said if we wanted to but a 65" screen , he originally bought it for 1200 and wanted 600 . We told him multiple times that we didnt have money , but came to an agreement about giving him 400 at the... View More

Paul Stanko
Paul Stanko
answered on Sep 17, 2016

He had apparent authority to sell their property. Contact a lawyer immediately to document everything. If it was his wife's tv, then it should be his problem, not yours.

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Indiana on
Q: Being sued in small claims by a debt collector. Can I ask for copies of bills without resetting the clock?

I am not sure of the debt being disputed, and I'd like to know exactly what this company is trying to sue for. But I'm worried that if I call them and ask for copies of the bills, will that be considered acknowledging the debt, and allow them to reset the clock? Or is it just... View More

Paul Stanko
Paul Stanko
answered on Sep 17, 2016

Yes. Demand verification of the debt. DO NOT make any payments or offer to compromise the debt, because that could reset the clock.

1 Answer | Asked in Small Claims for Indiana on
Q: I live out of state and received a small claims court notice on something that is 15 years old..

not even sure who company is but it is not on my credit report and claim is for $350 and has to be at least 15 years old as I have not lived in state for at least that long..obviously I don't want to show up in court to fight this small false claim, what can I do

Paul Stanko
Paul Stanko
answered on Sep 17, 2016

That is a "zombie debt". Have a consumer lawyer answer the notice of claim, most likely alleging expiration of the statute of limitations. I would probably also file a counter-claim alleging a frivolous lawsuit and seeking damages for that.

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