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Indiana Questions & Answers
1 Answer | Asked in Traffic Tickets for Indiana on
Q: I got pulled over and the cop told me look in the mail for a citation, but never had me sign anything. Will I get one?

He told me he had to draw up the paperwork and that he would have it sent to my address and to be looking for it so I know when to go to court, but he never had me sign anything at all. I thought you had to sign a citation so they know that you will be there. Was he letting me go without telling me... View More

William Jeptha Williford
William Jeptha Williford
answered on May 12, 2023

I can't answer for sure whether or not you'll get one but as a general rule I'd argue best practice here would be to go ahead and contact the police station or local court clerk to see if one was issued. It seems to me it'd be worse and probably more expensive on you missing... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: If siblings can't buy each other out, can a lien be put on the property by a sibling wanting to get off the TOD title?

Properties were titled on death to siblings. Of the siblings on the title, most want to keep the property/not sell. The other wants off the title. A buyout is not possible at this time. Sibling wanting off the title and doesn't want to stand in the way of other siblings keeping property... View More

Anthony M. Avery
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answered on May 11, 2023

Most liens must be generated from a judgment. Hire an IN attorney to prosecute a Partition Action, as without agreed conveyances a forced sale is usually the only solution.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: Eviction of family member, no lease...?

[Indiana] - My brother-in-law wants to sell me a house that his ex-girlfriend and biological daughter reside in. There is no lease in place, nor formal rental agreement. If I purchase this house, can I ask the ex-girlfriend to leave or is there a formal "eviction" process that I need to do?

Peter J. Weinman
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answered on May 11, 2023

You can always ask, but you must commence a formal eviction if she chooses not to go. Evicting family is never easy, and courts (at least from my New York perspective) are sometimes sympathetic to tenants in these situations, so you should speak to an attorney to discuss your possible outcomes and... View More

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1 Answer | Asked in Criminal Law, Traffic Tickets and Appeals / Appellate Law for Indiana on
Q: What's the possible outcome of me getting pulled over again?

Have class A misdemeanor for driving while suspended. Got pulled over again for no brake light. Drove because friend was sick & needed help to translate to English. I didn't get arrested. I got a ticket for court after made to exit vehicle. I was put on good behavior for the other one I... View More

Aaron J. Harshman
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Aaron J. Harshman
answered on May 8, 2023

Driving offenses can stack up quickly if one is not careful. Generally speaking, the progression moves from multiple driving while suspended as an infraction, to multiple driving while suspended as a misdemeanor, then being declared a Habitual Traffic Violator as a felony offense. Do whatever you... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: what should i do if im a minor getting charged with possesion of drugs
Aaron J. Harshman
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Aaron J. Harshman
answered on May 8, 2023

Step 1 is to contact an attorney local to you. Do web searches or contact your local bar association and find out who can do a free consultation for you. Hopefully, you and your parents or guardians can talk through the case to understand what your risks and options are.

1 Answer | Asked in Criminal Law for Indiana on
Q: My fiance is in jail in Fulton county Indiana on a level 3 Dealing in meth felony charge he's been in jail since July

2022 his court appointed lawyer has done nothing for him so he reported her to Indiana supreme court's he has no bond and does not want to go to jury trial his next court date is July 19 he has been asking his lawyer for rehab program we have paid for and gotten a acceptance letter for one but... View More

Aaron J. Harshman
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Aaron J. Harshman
answered on May 8, 2023

I'm sorry to hear about your fiancé's situation.

First, do anything reasonable to establish communication with his current attorney so you can understand what work he is doing on the case. Many times, it is unclear what is happening on a case, and it is essential to establish...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: Wondering how hard it is to prove medical malpractice; misdiagnosis on grounds of profiling and discrimination

I am currently speaking and possibly seeking an attorney to hire regarding A misdiagnosis, as well as mistreatment/ discrimination that led to me almost becoming paralyzed or even possible death. I am an addict and during a long length of sobriety I had my medical history flagged to not administer... View More

Joel Gary Selik
Joel Gary Selik
answered on May 8, 2023

Due to the nature of medical malpractice cases, most attorneys will not take on medical malpractice case unless there is significant harm caused by the malpractice (for example, what further damage was done during delay). Pain, even horrible pain, may not be sufficient for an attorney to take a... View More

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1 Answer | Asked in Bankruptcy for Indiana on
Q: Do I have to report a cash gift to my trustee during chapter 13
Timothy Denison
Timothy Denison
answered on May 5, 2023

Technically, yes, but it really depends on how much the gift was and whether you are in a 100% repayment plan or not.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Service by publication forms
Heather L Franklin
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answered on May 3, 2023

Service by publication for family law matters - including custody modifications - should only be used when you don't have an address for the other party or reliable contact information to get an address for them. The Indiana Trial Rule governing service by publication is Rule 4.13 and the rule... View More

1 Answer | Asked in Consumer Law, Contracts and Collections for Indiana on
Q: I have a storage unit it gets auction tomorrow I found out that today I'm being extorted

I got no notice for sale or rent raised twice been locked out from being able to vacate unit I have paid all past due balance now this months rent is keeping me from getting my stuff I want to move out why do I have to pre pay for the month if I want to leave they are extorting me for my possessions

James L. Arrasmith
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answered on May 2, 2023

It is important to understand the terms and conditions of the rental agreement you signed for the storage unit. If you have been delinquent on rent payments or if the unit was abandoned, the facility may have the right to auction off the contents of the unit to recoup the unpaid balance. However,... View More

1 Answer | Asked in Civil Litigation, Contracts and Arbitration / Mediation Law for Indiana on
Q: What happens if your mediation deadline is April 18th, and mediation was held on April 8th?

What happens if your mediation deadline is April 18th, and mediation was held on April 8th, and the parties reached a settlement agreement, but the obligations of the agreement cant be fulfilled until after the mediation deadline?

Such as the mediator filing the mediation report a week... View More

Tim Akpinar
Tim Akpinar
answered on Apr 28, 2023

An Indiana attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney, the situation you describe does arise. Mediators or arbitrators can set conditions in a report or decision that remain to be fulfilled afterwards. If the... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: We are selling our condominium. We believed that we could only sell it to people 55 and older. Is that true?

Our realtor told us that is discriminatory. Is that correct?

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

There is a federal law that makes it illegal to discriminate against families in housing. But there are exceptions. One such exception is the "55 or older" exemption. In order to qualify for the "55 or older" housing exemption, a facility or community must satisfy each of the... View More

1 Answer | Asked in Car Accidents and Criminal Law for Indiana on
Q: Hi I’m fighting a case that was totally and accident but because I was speeding they want me to accept a please of

They want me to accept a please deal of reckless homicide

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 25, 2023

Baed on your post, you are charged with a crime----as such you need a lawyer. use the Jus\tia Find a Lawyer tab and search for criminal defense lawyers in your area---call a few them and discuss the specifics of your case with them and then hire the one with whom you are most comfortable. If you... View More

1 Answer | Asked in Real Estate Law for Indiana on
Q: I have JTWROS with my ex on our house. She left and got her own place. How do I sever the JTWROS?

She does not pay or never has payed on the mortgage. Her name is not on the mortgage either.

Vincent Gallo
Vincent Gallo
answered on Apr 24, 2023

Responding from a New York perspective, a deed from yourself to yourself, reciting that the sole purpose of the deed is to sever the joint tenancy, which will be converted to a tenancy in common is all that you would need.

1 Answer | Asked in Personal Injury for Indiana on
Q: What documents do i need to file with the court when a mediation settlement agreement has beed reached?

I am representing myself in a personal injury lawsuit in Montgomery County Indiana. A mediation settlement agreement was reached between me and the defendant. I am unsure of what documents needs to be filed if any with the court. Thank you.

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2023

An Indiana attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney as to a complete inventory of closing papers needed, one of the primary documents used nationwide to conclude settlement of a claim is a release form. A release... View More

2 Answers | Asked in Bankruptcy for Indiana on
Q: I filed for bankruptcy with a bankruptcy lawyer 10/28/22. I still do not have a case number, is this typical?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 15, 2023

No, certainly not "normal", if in fact a case was filed by your lawyers.

You can use Pacer, an online court information site, to determine whether a case has actually been filed.

Or, you can visit your bankruptcy lawyers office and demand to see a court-stamped...
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1 Answer | Asked in Education Law for Indiana on
Q: Are middle schools required to have a police officer at the school at all times durring a school day?
Joel D. Hand
Joel D. Hand
answered on Apr 5, 2023

There is no Indiana statute that requires police officers or school resource officers to be present in any school. However, there are State grants available to schools for the purpose of hiring and training school resource officers. Local school boards are able to establish their own policies about... View More

1 Answer | Asked in Criminal Law for Indiana on
Q: I have a warrant for a level 6 felony theft with prior charge, does that warrant expire?
Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 4, 2023

If the warrant is an original arrest warrant, it will expire six (6) months after it is issued. However, the prosecutor can always ask for it to be reissued and once that is done it will not expire. If it is a bench warrant, it will not expire.

2 Answers | Asked in Copyright, Intellectual Property and International Law for Indiana on
Q: Would there be issues if I made a podcast sharing stories I heard from various social media outlets?

I would give the creator credit, and summarize their stories. Is social media considered public domain? Or would I have to get the creators permission before telling and discussing their stories on a podcast?

N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

Social media is not considered public domain. Social media platforms are just a public forums where people post their content. However, the people posting aren't necessarily relinquishing their rights by posting there. Also, giving credit doesn't really help if what you're doing... View More

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1 Answer | Asked in Contracts, Civil Rights and Employment Law for Indiana on
Q: Can I reinstate EEO claim if federal settlement agreement was not honored and I didn't contact Resolutin Mgmt in 30 days
James L. Arrasmith
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answered on Mar 30, 2023

Under federal EEO laws, employees who believe they have been discriminated against in the workplace can file a complaint with the Equal Employment Opportunity Commission (EEOC) and pursue a legal claim. In some cases, these claims are settled through a federal settlement agreement.

If you...
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