Get free answers to your Small Claims legal questions from lawyers in your area.
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... View More 
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
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... View More
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.
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... View More
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.
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
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?
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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... View More
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
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... View More
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
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
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.
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
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
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
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
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
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?
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... View More
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.
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?
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
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?
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!
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?
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
- 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
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.
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
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.
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
answered on Sep 21, 2016
Demand validation of the debt. That is your right, and it does not toll the statute of limitations.
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
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.
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