Lawyers, Answer Questions  & Get Points Log In
Indiana Questions & Answers
1 Answer | Asked in Traffic Tickets for Indiana on
Q: What happens if I have to pay a speeding ticket 30 days late?
Andrew L. Bennett
Andrew L. Bennett answered on Dec 11, 2020

If you haven't paid the ticket it is possible the court ordered your license suspended. Also keep in mind, paying a speeding ticket will likely also increase your insurance rates. You may want to consider speaking to a local criminal defense attorney who can determine if there is a way to... Read more »

1 Answer | Asked in Traffic Tickets for Indiana on
Q: Can you get a speeding ticket sent to you if the person beside you was pulled over but you weren’t?

If two people are speeding (or racing in some cases that I’ve seen) and only one of them gets pulled over, did the other person just get lucky?

Andrew L. Bennett
Andrew L. Bennett answered on Dec 10, 2020

If the officer can prove who was driving the other car then that driver could also be cited or speeding and possibly resisting law enforcement.

1 Answer | Asked in Child Custody, Child Support and Divorce for Indiana on
Q: Should I hire a lawyer for my divorce?
Paul Ylvisaker
Paul Ylvisaker answered on Dec 9, 2020

Always a difficult question because it does involve a financial commitment and often times emotions get in the way of rational decisions when it comes to separating a household.

If the divorce is amicable (rarely), there are no disareements about assets and debts (and your financial...
Read more »

1 Answer | Asked in Education Law for Indiana on
Q: I am a teacher Special Education Teacher in Indiana

I am a teacher Special Education Teacher in Indiana I was punched in the back of the head by a student and now they have deemed I have a Permanent Injury. The school corporation failed to be in compliance with the classroom IEP's. The classroom should have had 3 staff members in the room in... Read more »

Kimberly Winslow
Kimberly Winslow answered on Dec 9, 2020

I would definitely recommend following up with an attorney in Indiana. Depending on the facts, you could have a tort claim against the school for negligence. In MA there is a liability cap of $100,000, and strict procedures that must be followed to put the school on notice. Good luck!

1 Answer | Asked in Employment Law for Indiana on
Q: Is my employer allowed to make me sign a paper allowing them to temporarily accept my doctors restrictions?

They want to talk to their lawyer and make a restrictions and fmla policy. They accepted the restrictions my doctor gave them with no issue and then two weeks later told me that they could only accept them for a month. The restrictions are for an ongoing foot issue that happened at work at this... Read more »

Carrie Dyer
Carrie Dyer answered on Dec 9, 2020

More information is needed to analyze your situation. Your employer can require you to sign an acknowledgment that the employer will accommodate your doctor's restrictions for a month. However, what is the justification for only accommodating these restrictions for a month? Do the proposed... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: What should I do if the other party isn’t paying child support that is ordered? She is almost $900 behind.

Will she lose her license? She is refusing me to talk to my children when she has them.

Troy Tyson
Troy Tyson answered on Dec 8, 2020

You can bring an action for contempt in the court that has jurisdiction of the case. The court will hold a hearing, at which point you would present your evidence, and ask the judge to hold the mother in contempt and force her to pay the money owed. I would recommend that you speak with an... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can I sue landlord if illegally evicted during Corona outbreak. My county is a red zone and my family is at risk.

The house was not fit to live in to begin with I was never given a key to secure my property door was screwed shut. Power was disconnected at pole and landlord claimed to be making repairs to home but nothing was ever repaired or even looked at. Was still charged rent while power was disconnected.... Read more »

Troy Tyson
Troy Tyson answered on Dec 8, 2020

If the landlord already moved to evict you, then you will likely have a hearing to determine the validity of the eviction. at that time you will be able to raise any defenses you have, or counterclaims such as the ones you mentioned.

1 Answer | Asked in Child Support for Indiana on
Q: I live in GA. I have a court ordered child support payments from the State of IN for arrearage.

There is a Statute of Limitations of 10 years after the child turns 19...she turned 19 in 2007....GA has been enforcing the support order even after the statute of limitations has run out. What do I do? Am I still required to pay? If not, can I recoup what I paid after the statute of limitations... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 4, 2020

If the order was from Indiana, that state’s law controls. If the case originated under Title IV-D (Social Security statute), which it sounds like it might, there is no statute of limitations if what you owe are arrears for non-payment while the child was a minor. Yes, you are required to pay... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: Is it legal to be pulled over on a routine traffic stop and have things like your phone and credit cards to be seized;

i was pulled over for a turn signal not being used within the required amount of feet (200) before turn. At this time on one of us had a warrant and that gave prob. cause to search the car. well they found drugs, but after they found that, the officer then took my cell phone and credit cards and... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Dec 4, 2020

To accurately answer your question is very fact sensitive and you should discuss it with a local criminal defense attorney sooner than later. If they searched your phone without a warrant and then got a warrant that would be an illegal search. Not sure why they took your credit cards unless the... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Indiana on
Q: How do I know if I need to patent an excel spreadsheet graph?

I just created a graph this afternoon around 1:00pm with my name and date in the bottom corner that really impressed my professor who is a doctor in medicine. After getting off the phone with my father, he suggested I reach out and see if this is something that I could patent. Is there any way... Read more »

Kathryn Perales
Kathryn Perales answered on Dec 4, 2020

A spreadsheet graph is not generally the kind of thing that can be patented. If you think it is truly new and innovative, I encourage you to consult privately with a patent attorney. Be prepared to explain it thoroughly, and keep in mind that your 1-year time limit for patenting already started... Read more »

View More Answers

1 Answer | Asked in Animal / Dog Law for Indiana on
Q: I tried to purchase a puppy I found on the internet from a seller in pensacola florida. I paid for the puppy and was

sent a transfer of ownership certificate but never got my puppy

Kristina M. Bergsten
Kristina M. Bergsten answered on Dec 3, 2020

A lot of puppies for sale online are scams. Your situation is, unfortunately, very common. You will have to sue this person - if you can find him/her - in Florida to get your money back. You might be able to call the local sheriff's office to report the crime, but that would mean you would... Read more »

1 Answer | Asked in Education Law for Indiana on
Q: If the public school refuses accommodations for my child's 504 plan, what can be done?

My daughter attends public school in Indiana and has a 504 due to a learning disability. We need to add more accommodations but the school is giving push back saying they don't have the staffing or resources necessary. I argue they are necessary and must be done. What happens now? What can I... Read more »

Kimberly Winslow
Kimberly Winslow answered on Dec 3, 2020

I would recommend contacting the Office of Civil Rights (OCR). 504 requires school districts to provide appropriate education services that meet the individual needs of the student to equal the way the needs of students do not have disabilities are met. You may additionally have recourse through... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I paid rent in full from Aug. 2020 to May 2021. Can I get my money back for the remaining months I haven’t lived there?

I moved into this apartment with my fiancé in August of 2020. We were skeptical about moving here because we are college students and there were many things broken and wrong when we first moved in. We paid the landlord rent from August 2020 to May 2021. Our heater went out yesterday and there are... Read more »

Troy Tyson
Troy Tyson answered on Dec 3, 2020

You can file an action in small claims court for what is called "constructive eviction". If you are successful in your suit, you could be awarded legal fees and court costs, as well as be reimbursed for some of the rent and your security deposit.

1 Answer | Asked in Divorce, Family Law, Gov & Administrative Law and Legal Malpractice for Indiana on
Q: Why does the chronological case summary say that a notice of discovery was filed by me when I haven't done ANYTHING?

My husband filed a petition for dissolution of marriage behind my back on 10/23/2020 and it looks like his lawyer submitted a bunch of stuff to the court. I haven't talked to anyone, hired a lawyer, or talked to his lawyer AT ALL. It shows that a notice of discovery with the "filed... Read more »

Troy Tyson
Troy Tyson answered on Dec 2, 2020

It may have been an error by the clerk. You can try to contact the court to have them correct the CCS entry.

Also yes, effective service is required on you in order for the divorce to proceed.

Hope that helps.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can my landlord evicte me even thought im not behind in rent and I will be few weeks late this next month

He will be paid in same month but demand is on the 8th I have 10 day late period with $50 charge also he will not give me a written notice of coming to property

Troy Tyson
Troy Tyson answered on Dec 2, 2020

Late or non-payment of rent is a basis for eviction in Indiana. However, generally when a tenant is behind on their rent, a landlord is required to send a 10 day "notice to quit" to the tenant, outlining how much is owed, and giving them the opportunity to pay the full amount within the... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If I’m not on the lease but have stayed here for a year and have utilities in my name can the tenant kick me out ?

I’ve Ben staying with my girl for a year and we recently broke up I’m not on the lease but she is and she’s now trying to make me get out threatening me with the police even tho I get my mail sent here and I pay for the electricity and other utilities everything in the house is mine like I... Read more »

Troy Tyson
Troy Tyson answered on Dec 2, 2020

It likely wouldn't be up to her, it would be up to the landlord. If you are not on the lease, have no right to stay there, and the landlord was unaware that you have been staying there, then the landlord can have you evicted.

1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: Cops entered private property no warrant search, cuff then place me under arrest. That a violation of 4th Amendment

Illegal search and seizure no warrant private property, did they violate my 4th amendment?

Sean Maye
Sean Maye answered on Nov 30, 2020

The 4th Amendment search warrant requirement is very complicated and there are several exceptions to the rule unfortunately. The answer to your question is yes, the police cannot come into your home and search it without a warrant or good-faith belief that a valid exception to the warrant... Read more »

1 Answer | Asked in Animal / Dog Law for Indiana on
Q: I’m 19 and live with my mom and her husband. She got me a dog for my 19th birthday. I have had the dog for 6 months and

She is trying to get rid of it. Can she do that if she bought it for me in the first place?

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 30, 2020

No, you are legally the owner. If this is a concern of yours, you should make sure your dog is licensed and microchipped in your name in case she tries to remove the dog without your knowledge and permission.

1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Indiana on
Q: At a traffic stop, are police allowed to search my purse without my consent/prob cause?

I gave consent to search my vehicle but they just took my purse from me as I was stepping outta my car & without asking or anything, proceeded to search it, which led to a drug charge. But I feel as if they violated my rights.

Andrew L. Bennett
Andrew L. Bennett answered on Nov 30, 2020

If they did not have probable cause to search the vehicle or your purse, but you gave consent to search the car, there may be an issue with consent to search your purse. Contact a local defense attorney to discuss the case in more detail.

1 Answer | Asked in Contracts and Construction Law for Indiana on
Q: Can the city decided to cancel the contract and do the demolition themselves.?

I have a contract with the city parks and recreation to tare down 2 horse barns, for the lumber. No cost to the city. I still have to pay my employees. No finish/completion date was set in the contract. Can the park superintendent decide to have city employees take the barns down an cancel the... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 28, 2020

An Indiana attorney could answer best, but you await an answer for four weeks. It could depend on the terms of the contract, particularly if it contained any provisions for cancellation. One option might be to review the contract with an Indiana attorney. COVID-related defenses have been used in... Read 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.