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Kevin Chandler Smith
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Kevin Smith’s Answers

18 total


  • I sold a car to an aquaintance.I wrote a contract.He has failed to pay for months.What can I do?Is the contract legal binding?

    The contract I wrote was from an office supply store.We verbally agreed on a payment amount of $300 per month and he made 1 payment of $100 and 1 payment of $300 This agreement was not included in the written contract.I also gave him the title.I h...

    Kevin’s Answer

    Although it is a contract the end result may not be one that you are happy with. You can sue him for breach of contract and he may owe you money but getting the car back may be tough. Think about how car loan companies transact business--they hold the title until you make the last payment then they send it to you. That prevents you from transferring the vehicle before their lien is paid. Small claims sounds like the way to go. Go to the Porter County courthouse (actually you could probably go to the one in Portage) and they should be able to walk you through what you need to do to fill out the forms. Bring a copy of the contract to attach and make sure you have the defendant's address for service of the summons.

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  • I have a witness to a hit and run involving my parked car in apartment complex will that help with the burden of proof

    He had a dump truck company truck they claim he did not hit my car and I have a witness and a police report . He always brought home a company pick up truck and this particular time he brought home the dump truck. Since this has happened he has no...

    Kevin’s Answer

    Try getting the witness to give a recorded statement via your smart phone or other means to tape record or video record it. This will preserve the statement. Also take pictures you may need those down the road showing the paint transfer and damage. Make a police report. Many times the police will have a hit and run officer that will help you track down the person who hit you.

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  • I tripped and fell at the mall on a uneven sidewalk outside the store. I broke my arm. Can they pay my medical bills?

    I spoke with the store manager and gave her information. She looked at the sidewalk and agreed that it looked dangerous. I have a receipt from the store stating time of purchase plus the cashier summoned the manager for me. The manager knew I w...

    Kevin’s Answer

    Trip and fall cases can be some of the hardest cases to litigate because store owners and property owners' insurance companies almost always will try and place the blame on the person walking, i.e. "why weren't you looking where you were going?" It's important to get a copy of the incident report and to not answer any questions about whose fault it was if the store manager asks or the insurance compoany calls you. The medical bills would be a portion of any settlement or judgment so the medical bills (usually) won't get paid out of the gate. You should use your helath insurance or if you don't have any speak with an attorney how best to pursue medical payments coverage of the store's insurance or pursue other options to get the medical care you need. Photos would be very important as well so please have someone go out there and get them or your attorney's office may have an investigator that would be able to do this. Kevin Smith, Munster IN

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  • Does a contingency offer make a signed agreement not hold up if the seller wants to back out?

    The seller of a house we put an offer on in Michigan has decided to change his mind and keep it. We used a contingency because this is a second home and we do not want to have two vacation homes. The agreement is up on September 1st. He wants us ...

    Kevin’s Answer

    It all depends on the exact wording on the contract. If you are willing to fulfill the contingency (pay cash or otherwise indicate that the contingency is fulfilled) that would mean that you are ready to perform under the contract and could attempt to make the seller perform his end of the deal (for him to "specifically perform." Of course any advice you may get can't really be relied upon until you have an attorney review the contract. Given that this is a Michigan agreement you may want to look for an attorney there as Michigan law may be different that Indiana law on the issue.
    Kevin Smith, Munster, IN

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  • Is an Insurance company required to restore the roof of a home to its existing condition (exact same) before a claim is filed.

    Referring to multi layered roofs.

    Kevin’s Answer

    Many times these questions can only be answered after the review of your insurance policy. Sometimes policies only require comparable materials be used and sometimes they require to use the same materials that were used before if they are easily available. You can also request different coverages at the time you become insured so it is also good advice for the future to discuss these types of issues with your insurance agent. Good luck. Kevin Smith, Munster, IN

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  • Should I sue my insurance company?

    my daughter was stopped at a red light when she was rear ended badly. The driver of the vehicle attempted to leave the scene by driving away until his car burst into flames, he then left on foot. There was a wallet found in the car with a driver...

    Kevin’s Answer

    There are a few questions that need answering but provided you have good insurance coverage on your daughter's vehicle your daughter and her friend should be able to recover for their injuries. The key to the question is whether or not the auto that hit your daughter has insurance. If it does and the driver had permission and it wasn't stolen you should be fine. If it didn't have insurance coverage your daughter's policy of uninsured motorist coverage most likely will cover for the injuries. You should definitely consult with a local personal injury attorney in northwest Indiana. Enjoy Pierogi Fest next weekend! Kevin Smith, Munster IN

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  • Can I be convicted of public intoxication and disorderly conduct I no toxicology was done and I wasn't being pound or obnoxious

    Came out of bar to ask police what my Family member was bring arrested for and if I need to obtain him a lawyer and call a bonds man..he then proceeded to tell Me to leave I stated ok I'm just waiting on my wife to take me..he then told Me to star...

    Kevin’s Answer

    In Indiana, there is no minmum BAC requirement for being charged with public intoxication. The statute was recently upheld by the Indiana Court of Appeals. Also, with disorderly conduct the police generally have to prove that you were boisterous, loud, or causing a disruption and after being told to quiet down you continued. These are very common misdemeanor offenses in Indiana courts. It's important for you to retain an attorney and determine your options. Getting the charges dismissed or otherwise resolved would be key to pursuing a civil action if you believe your civil rights were violated by the police during the arrest.

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  • I was ripped off by a friend on bogus deals, $18230. I do have a signed promissory note. Is it legal for me to tell his family?

    I think that my question is clear. i want to send a copy of the promissory note to the family so that maybe they might put a little pressure on him to pay by the stated date. If he does not then I will have to take him to court. By telling his ...

    Kevin’s Answer

    • Selected as best answer

    I can't think of any prohibition of telling his family, but you may open yourself up to him taking action against you for a perceived harm and it may not be worth the risk. If he lives with his family, sending a letter or the notice of suit may take care of having his family be aware. I would consult with an attorney to futher explore your options.

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  • I am an apartment renter. My girlfriend moved in May 2012. We broke up on Dec. 26. I asked her to leave within 30 days.

    How should I approach this?

    Kevin’s Answer

    It seems like your question may have not been fully completed, but from what I gather, you'd like to "evict" your girlfriend. The first issue would be whether or not she is on the lease with your landlord. If she is, you may not have the right to legally kick her out. Also remember without an agreement with her it may be difficult to prove any obligation if you believe she owes you rent or for other bills incurred while at your apartnment. If you are the only one on the lease, kicking her out will not remove your full obligation with your landlord. Hope this answer helps--if not please follow up with a more detailed question. Thanks and good luck!

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  • I'm on probation for a felony what do I put on a job application?

    I'm only 20 yrs old. And this is my first offense.

    Kevin’s Answer

    This is a very common question. Ultimately it depends what the job application asks. If for example it asks "Have you ever been convicted of a felony?" You most likely would answer, Yes. It may say "have you ever been convicted of a felony involving theft or dishonesty?" Then, you may answer no. Also, in Indiana there is a statute that allows judgment of a class D felony to be entered as a misdemeanor, so that a felony judgment of conviction is not on your record. You may want to consult with your criminal defense attoreny and show him the question as he will best understand what your conviction is for and how the question on the job application is best answered. Good Luck! Kevin.

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