Indiana Civil Litigation Legal Questions

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53 legal questions have been posted about civil litigation by real users in Indiana. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include litigation, complex litigation, and complex and multi-district litigation. All topics and other states can be accessed in the dropdowns below.
Indiana Civil Litigation Questions & Legal Answers - Page 2
Do you have any Indiana Civil Litigation questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 53 previously answered Indiana Civil Litigation questions.

Recent Legal Answers

Can I sue my ex husband for ruining my credit score?

Answered 8 years and 9 months ago by attorney Chase T Wilson   |   1 Answer
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 More
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... Read More
Call your local Bar Association or the courthouse. 
Call your local Bar Association or the courthouse. 
The lien is another source of security the credit union may use to recoup their money. If, as you say, they had no other option then they may ahve had a judge enter a lien on your home. They'll be entitled to get paid back whatever you owe if you or someone else sells the home.
The lien is another source of security the credit union may use to recoup their money. If, as you say, they had no other option then they may ahve... Read More
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 More
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... Read More
You should contact the police about filing charges, if there are any to be made. As for the civil side, it will be hard to show damages here and most attorneys will be hesitant to take such a case. 
You should contact the police about filing charges, if there are any to be made. As for the civil side, it will be hard to show damages here and most... Read More

How do I find an attorney to represent me

Answered 8 years and 10 months ago by attorney Chase T Wilson   |   1 Answer
Call the Indiana Bar Association at  (317) 639-5465. They'll refer you to someone who may take your case. 
Call the Indiana Bar Association at  (317) 639-5465. They'll refer you to someone who may take your case. 
They likely have immunity from this type of suit, but if you beleive this is something worth pursuing you should contact a local civil rights or criminal defense attorney. 
They likely have immunity from this type of suit, but if you beleive this is something worth pursuing you should contact a local civil rights or... Read More
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 More
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... Read More

what does a loving father have to do to make custody fair and even with the mother ? she not fair.

Answered 9 years and 2 months ago by Susan Kozlowski (Unclaimed Profile)   |   1 Answer
You need to file a petition in court to assert your father's rights.  The mother does not have the right to arbitrarily decide when you get to see your daughter.    
You need to file a petition in court to assert your father's rights.  The mother does not have the right to arbitrarily decide when you get to... Read More
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 More
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... Read More

Is there a statue of limitation in Indiana

Answered 9 years and 10 months ago by attorney Bruce Robins   |   1 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 More
You have placed this question in the category of "civil litigation", but have referred to a "misdemeanor", which is a term applicable only to... Read More

When is a document a legal document?

Answered 10 years ago by attorney Bruce Robins   |   1 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 More
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... Read More
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 More
The first thing every will provides for is the cancellation of all prior wills.  The second one will supecede the first.  If for some... Read More

can 1 plaintiff cross examine other plaintiff in the same case?

Answered 10 years and 5 months ago by attorney Bruce Robins   |   1 Answer
To "cross-examine" means to examine a witness called by another party, so the co-plaintiff would have to be called by another party in order to be "cross-examined."  However, there is no reason why one plaintiff can't call another plaintiff as a witness and examine him/her.
To "cross-examine" means to examine a witness called by another party, so the co-plaintiff would have to be called by another party in order to be... Read More

Requesting copies from plaintiff?

Answered 11 years and a month ago by attorney Bruce Robins   |   1 Answer
Yes.  You should be able to get pre-trial discovery of any relevant non-privileged material.
Yes.  You should be able to get pre-trial discovery of any relevant non-privileged material.
I am not familiar with Indiana law specifically, but I have never  heard of service by facebook, or even service by email, being proper service.
I am not familiar with Indiana law specifically, but I have never  heard of service by facebook, or even service by email, being proper... Read More
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 More
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... Read More

Can we file a lawsuit?

Answered 12 years and 4 months ago by attorney Bruce Robins   |   1 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 More
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... Read More

Submitting evidence in court

Answered 12 years and 5 months ago by attorney Bruce Robins   |   1 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 More
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... Read More
No, there is no way. After the lapse of over 40 years, any claim you might have had against anyone is long since expired.
No, there is no way. After the lapse of over 40 years, any claim you might have had against anyone is long since expired.
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 More
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... Read More

in indiana does an LLC have to be represented by an attorney

Answered 13 years and 3 months ago by attorney Hilary B. Miller   |   1 Answer
Generally speaking, an LLC must be represented by counsel. Failure to be represented will not generally be permitted to be raised as a ground for dismissal unless the entity has been duly warned and had an opportunity to obtain counsel.
Generally speaking, an LLC must be represented by counsel. Failure to be represented will not generally be permitted to be raised as a ground for... Read More
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 More
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... Read More

What will happen if I didn't get the summon after the due date?

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
There is always a chance that you have been legally "served" but that somehow the summons did not come to your attention. You can check with the court clerk and see if the plaintiff has filed proof of service. Better yet, get an attorney.
There is always a chance that you have been legally "served" but that somehow the summons did not come to your attention. You can check with the... Read More
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 More
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... Read More