Aaron Jon Butler’s Answers

Aaron Jon Butler

Fort Wayne Criminal Defense Attorney.

Contributor Level 9
  1. How do I get someone's name off my deed?

    Answered over 3 years ago.

    1. Aaron Jon Butler
    1 lawyer answer

    There is no such thing as merely taking someone's name off of a deed in a situation like this. Your fiancee is an owner of the property. When you and he purchased the property, two ownership interests were created -- yours and his. Assuming that you took the property as tenants in common, not as husband and wife, each of you are able to sell your own interest in the property, via a deed to another person, but you can't transfer the other person's interest. Your fiancee could not simply...

    1 lawyer agreed with this answer

  2. Legal Fees.

    Answered about 4 years ago.

    1. Aaron Jon Butler
    1 lawyer answer

    The judge could have ordered one party or the other pay all attorney fees, but since the judge didn't you aren't going to be able to have another court change that decision. It's a settled issue, or "res judicata" as the courts say. The only real option you might have is to appeal the original judge's decision, if it isn't too late, or petition the court to reconsider its decision. But unless you have a strong case for doing so, you should know that these sorts of things are generally left...

    1 lawyer agreed with this answer

  3. Can a creditor who is garnishing my paycheck take any or all of a federal tax return?

    Answered about 4 years ago.

    1. Aaron Jon Butler
    2. Ayuban Antonio Tomas
    2 lawyer answers

    A general creditor, such as the lender of a car loan, won't get a court order requiring the IRS to send the funds directly to it. Your federal tax refund can be garnished, however, for certain types of debt, especially other federal taxes, defaulted student loans, or unpaid child support. Also, if you file for bankruptcy protection, the refund will be divided among your creditors along with other assets you possess. Once the federal refund money is within your control, it is subject to...

    2 people marked this answer as helpful

  4. Can by boss keep my personal computer if he thinks there are company files on it, and if so how long does he have to reasonably

    Answered over 3 years ago.

    1. Aaron Jon Butler
    1 lawyer answer

    You need to communicate to your boss that you want your computer back. Obviously if your personal computer is owned by your employer, the computer can be taken back by your employer. If your personal computer is owned by you, your boss's duties regarding the computer depend very much on your conduct. Did you allow your boss to take the computer because you were afraid you would be fired otherwise? Or did your boss simply take the computer without asking? Absent a court order or...

    1 person marked this answer as helpful

  5. Is this a legitamit charge?

    Answered about 4 years ago.

    1. Aaron Jon Butler
    1 lawyer answer

    Private citizens don't file criminal charges against people. Prosecutors do. He is trying to scare you, nothing more. In addition, the facts you have stated would never support a theft charge. The seller has, at most, a breach of contract claim against you -- a civil claim, in which his remedy is a money judgment or possibly an order that you return the property. In a case where the shipping costs are more than the value of the product, as long as you offer to return the product if the...

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  6. How much time do I have to sue a contractor

    Answered about 4 years ago.

    1. Aaron Jon Butler
    1 lawyer answer

    There are some claims that have to be brought fairly quickly. Indiana home improvement statute claims generally require that you at least give notice within six months that you believe there is a violation/claim, and file within one year. The home improvement statute is here: See IC IC 24-5-0.5-1 et seq and 24-5-11-1 et seq. They are online here: http://www.in.gov/legislative/ic/code/title24/ar5/ch0.5.html http://www.in.gov/legislative/ic/code/title24/ar5/ch11.html The most...

    1 person marked this answer as helpful

  7. My boss grabbed my arm

    Answered about 4 years ago.

    1. Aaron Jon Butler
    2. Steven Alan Fink
    2 lawyer answers

    I'm very sorry that you were put through this situation. You do have remedies for this kind of behavior. It sounds like the biggest harm you face is the loss of income, especially if you aren't getting unemployment. The owner caused you to lose your job, either by directly firing you, or creating such a hostile work environment that you were constructively fired. I recommend you take the police report you filed, along with any other documentation of the incident, to a local attorney who...

    1 person marked this answer as helpful

  8. Can a family member take another family member to court to have a body relocated to another burial plot?

    Answered about 4 years ago.

    1. Aaron Jon Butler
    1 lawyer answer

    I'm sorry to hear about this unfortunate family situation. These are terribly difficult things to go through. Every case is different, and the information you provided leaves a lot to the imagination. I don't know how much time has passed, or even what the relationship of the various people you refer to is. But regardless, I can tell you that getting a court order to move a body is very, very hard if relatives disagree about it. The authority to authorize internment of remains is...

    1 person marked this answer as helpful

  9. Do I need a lawyer? Is it civil or domestic?

    Answered about 4 years ago.

    1. Aaron Jon Butler
    1 lawyer answer

    Your claim is that you have been the victim of identity fraud. Unfortunately, identity fraud is a very difficult thing to fully undo. Your first step is to fully communicate this problem with all of the banks who hold the loans your ex-wife obtained fraudulently. Send this notice in writing and include the handwriting opinions. There is no point in blaming or going after the banks -- they were just as defrauded as you were. The banks need to know immediately that you are disputing...

    1 person marked this answer as helpful

  10. Do I have to give an apartment complex 30 days notice to vacate when I put the renter, my mother in a nursing home?

    Answered about 4 years ago.

    1. Karin Lynn Blue
    2. Aaron Jon Butler
    2 lawyer answers

    If there really is no lease whatsoever, then I am not aware of any reason that your mom has any obligation to give notice if she moves out before the end of her most recent rental period. Ask them to show you this law they are talking about, or show you some agreement your mom signed that she would give 30 days notice. I assume that your mom's rent is paid up until the first of the month. If that is the case, she has a right to keep her property there until the first of the month. If...

    1 person marked this answer as helpful