Eric Lewis’s Answers
3,706 total
Will a debt collector contact me through email saying that they’re going to garnish my wages?
Eric’s Answer
Very unlikely. Why? Because if they have a wage garnishment, why tell you about it? You would just find out when they start taking 25% of the paycheck? 99% sounds like a scam, but if in doubt, look up the case number or contact and pay a lawyer for advice.
Can I withhold rent?
Eric’s Answer
No, Indiana law does not allow for a tenant to withhold rent. You can tell the landlord that s/he is in breach of the lease agreement, as the landlord is responsible for timely providing such repairs. But if you withhold rent, you will be in breach of the agreement and can be evicted.
Do you have to pay court cost if the case never goes to court?
Eric’s Answer
1. That depends on what the lease agreement says.
2. Court costs are incurred as soon as the case is filed with the court due to the court filing fee.
3. Attorney fees are incurred under a lease agreement as soon as a lawyer has to do some work, like prepare and file a case.Can I file probate on a $170000 estate in Marion County Indiana?
Eric’s Answer
LR49-PR00 RULE 402.
REPRESENTATION OF FIDUCIARIES BY ATTORNEY
402.1 Representation Required. Every personal representative and guardian of an estate must
be represented at all times by an attorney of record.Volunteer repo, lender sold it Again?
Eric’s Answer
Not enough information provided to really know what is going on with the vehicle, but bottom line, in most circumstances, if you owe on a vehicle, and it's sold at auction for less than what is owing, you remain responsible for the deficiency balance. That may or not apply to your situation given the inadequate facts provided.
In Indiana, is a mandatory DNA program legal? They want to make a DNA registry for all dogs so they can ID dog crap.
Eric’s Answer
Your lease is the controlling agreement. But keep in mind that the landlord does not have to offer you a renewal of the lease when it expires if you do not agree to new terms.
Can I file a complaint against a paralegal in Indiana?
Eric’s Answer
A paralegal is not a lawyer and only a lawyer licensed to practice law can file paperwork on your behalf. If this person is not a lawyer and is doing legal work, that is the unauthorized practice of law and the Indiana Supreme Court may want to hear about it from you.
When does my 45 day time to return security deposit start, after the tenants move out or when I receive forwarding address?
Eric’s Answer
IC 32-31-3-12 Return of deposits; deductions; liability
Sec. 12. (a) Upon termination of a rental agreement, a landlord shall return to the tenant
the security deposit minus any amount applied to:
(1) the payment of accrued rent;
(2) the amount of damages that the landlord has suffered or will reasonably suffer by
reason of the tenant's noncompliance with law or the rental agreement; and
(3) unpaid utility or sewer charges that the tenant is obligated to pay under the rental
agreement;
all as itemized by the landlord with the amount due in a written notice that is delivered to the
tenant not more than forty-five (45) days after termination of the rental agreement and
delivery of possession.The landlord is not liable under this chapter until the tenant supplies
the landlord in writing with a mailing address to which to deliver the notice and amount
prescribed by this subsection. Unless otherwise agreed, a tenant is not entitled to apply a
security deposit to rent.Can a lawyer in another city, say 2 hours away represent you? Can this be virtual?
Eric’s Answer
Yes, that is certainly possible and more common than ever now that many courts allow for remote hearings. Some lawyers will meet virtually and some will not, so you may need to contact a few,
If a collection agency has my last name in correct can I dispute the debt?
Eric’s Answer
I don't see how the name change has anything to do whatsoever with proper collection of a legitimate debt.