Indiana Civil Litigation Legal Questions

First, you can sue him, but you'll have to show damages. You're credit score being hurt isn't enough, you'll have to show that you got denied for a loan or CC becuase of the lower score or that you're paying a higher interest rate because of it, something tangible.  As for the check, if it was made out to "Husband and Wife" then the bank should have required that both of you sign it before it be cashed and you can go after them for the funds. If it was made out to "Husband or Wife", "Husband, Wife" or something similar then it only required one of your signatures, but you should still have received half the funds, so you'll need to go after him personally for it.... Read Answer

The answer to this question will depend on a lot of different things. If his business was a properly run LLC, Corporation, etc., then you won't be able to hold him personally liable unless he signed as a guarantor or took personal responsibility in some other way. As far as preventing your claim from being dismissed, that may be difficult as it sounds like your claim is an unsecured and unperfected claim, meaning it goes at the end of the line and may not be paid out. ... Read Answer

The best course of action in this scenario is to speak with the teacher directly and try to hash this out. I doubt she's being malicious in her actions and is simply looking out for the best interest of the children as is her duty. If you feel she has the wrong impression then speak with her. If that doesn't fix the issue then speak with her superiors.... Read Answer

You can sue, but will have difficulty getting jurisdiction.  If you obtain a default judgment and ever catch up with this person, they may be able to set the judgment aside based on lack of jurisdiction.  Also, if you don't know where the person is, you will obviously find it hard to collect on any judgment.... Read Answer

You have placed this question in the category of "civil litigation", but have referred to a "misdemeanor", which is a term applicable only to criminal law, so I am not clear whether you are referring to a criminal or a civil case.  I don't handle criminal law, so I will assume you mean a civil case. There is a statute of limitations for every civil claim, but such limitations period provide for the time within which an action must be started.  Once the action has timely been started, the statute of limitations has been satisfied, no matter how long it takes for that case to be completed.  There are, however, requirements (which vary by jurisdiction) for actively prosecuting an action.  If a plaintiff has taken no action for a certain period of time, the case may be subject to being dismissed for lack of prosecution.  However, in many states (I don't know about Indiana), there is a notice requirement.  Thus, for example, you may be required to send a notice to the plaintiff that you will seek to have the case dismissed for lack of prosecution and he/she/it may then have a certain period of time to do something in the case.  Many times a defendant will not start this process because they don't want to wake the plaintiff up and potentially get the case moving again.... Read Answer

While I don't think the fact that the document was signed "outside a village pantry in the rain without notary presence" matters much, from the facts you've described, it seems as if your daughter signed the agreement under duress, and it is therefore not an enforceable contract.  Moreover, the provision that you've described about your daugher forfeiting both car and dog if there was anything wrong with the car (who decides if there is anything wrong?) seems like an unenforceable penalty to me.  Nothing is certain, and of course the ex-boyfriend will tell a different version of events than your daughter, but I think he will have a hard time getting a court to enforce this agreement.  The more clear it is that (a) the dog is your daughter's and not his, or jointly owned; and (b) that the car is worth much more than the dog, the more difficult it will be for the ex to get the contract enforced.... Read Answer

The first thing every will provides for is the cancellation of all prior wills.  The second one will supecede the first.  If for some reason the second will did not explicitly cancel the first, there could be a problem.  The second one will supercede the first, but possibly only as to those provisions which directly contradict the first.  For example, let's say John's first will provides that he leaves his house to Mary, while the second will provides that the house is left to Steve.  Steve will get John's house.  However, let's say that the first will says I leave $5,000 to Mary, with no mention of Steve.  The second will leaves $5,000 to Steve, with no mention of Mary.  If the second will has not expressly cancelled all prior wills, is is possible that it will be treated as merely modifying, not cancelling, the first will.  In that case, both Mary and Steve will get $5,000.... Read Answer

Anonymous, The answer to your question will depend on many facts, such as the identity of your employer (unless you are self-employed) and any contractual provisions for the work between you and the landlord.  If your employer has worker's compensation coverage, you may be entitled to benefits, including the payment of your medical expenses as you treat for injuries arising during the course of and out of your employment.  In addition to worker's compensation, you may have a cause of action against a third party, including the landlord, potentially. The status as a landlord does not mean that the landlord owes no duty of care for the protection of others upon the facility.  I am interested to know what evidence you have of the landlord's knowledge or awareness of termite damage, as well as the basis for claiming that he/she did not take proper precuations.  Also, an important consideration of the law is how much knowledge you had of any defective condition of the premises, and whether you voluntarily assumed the risk that the floor would give way. Depending on the answers to some of my questions (above), you may still have a remedy against the landlord (or property manager, if maintenance is outsourced) for your personal injuries.  You will certainly want to present your facts to an experienced injury attorney or firm that handles premises liability cases.  To that end, our law firm offers a free consultation and would be happy to speak with you about the details of your incident. I wish you a quick recovery from your ankle injury. Lance R. Ladendorf, Esq. Ladendorf Law 7310 N. Shadeland Ave. Indianapolis, IN 46250 (317) 842-5800... Read Answer

Anybody can file a lawsuit, but what damages have you suffered?  You can certainly recover the price of the meal, and maybe a little bit for pain and suffering due to the toothache, but at this point I doubt you would recover enough to make it worth your while.  I think your best chance at this point (unless your wife suffers additional health problems) is to complain to the local restaurant and the franchisor (assuming this restaurant is a franchise) one of them will give you something to avoid any bad publicity.... Read Answer

It is almost certain that the other side will object to the letter as hearsay, which it probably is.  They also may object on authenticatin grounds - how does the Court know that your son actually wrote the letter?  You may be able to overcome the authenticity objection if you are familiar with your son's handwriting, or saw him write the letter. Hearsay is an out of court statement offered in evidence for the truth of the matter asserted.  As a general rule, hearsay is not allowed in evidence, although there are many exceptions.  The basic policy is that a judge or jury is better able to determine whether someone is telling the truth if they can observe him/her testifying, and listen to him/her being cross-examined.  I assume that you would want the letter admitted in the hopes that the Judge will believe its contents, but the Judge would be better able to determine if the letter is true if he could see your son testify and hear your son's answers during cross-examination.  There are many exceptions to the hearsay rule.  Without knowing the circumstances or the contents of the letter, I can't say whether one might apply, or whether there is some other reason why the Judge may allow it into evidence.  However, if the Judge felt that your 17 year old should not be in Court for the custody hearing, to me that implies that the Judge felt that he should not be a witness. There are obvious parenting reasons why you may not want your son involved in this matter.  Assuming that you do, however, from a strictly legal point of view, I don't see what  you have to lose by trying to get the letter admitted into evidence (unless the Judge has instructed you not to get your son involved, in which case having him write the letter could be considered contempt of court and get you in big trouble.)... Read Answer

These are always difficult questions to answer, because they turn on the intentions of the owner, which need to be inferred from conduct. The usual suggestion is that you give written notice to your ex-wife (by certified mail) of your intention to dispose of the property unless she retrieves it within a reasonable time (say, 30 days). Once you have given such notice, many attorneys will think you are as protected as you can be. This is not legal advice.... Read Answer

It is not possible to answer your question from the limited facts provided. In order to evaluate your situation, an attorney would need to know precisely what "benefits" you were receiving and review the terms of the written plans that govern those benefits. You do not explain the factual and legal basis for the requested repayment.... Read Answer

If you cannot find him, you cannot collect from him. All collection efforts begin with locating the debtor. It may be possible for you to engage the services of a so-called "skip tracer" (a kind of private detective) to try to nail him down. Once you find him, it is possible to register your judgment in his new state (assuming he has moved out of state) and then proceed to garnish his assets or wages there.... Read Answer