Archived
We accepted settlement for a totaled car from our own Ins Co. Can we now ask for more from the Ins Co. of liable driver?
David's answer
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Answered on December 04, 2013
Talk to your insurance agent. Many policies have a provision in which your insurance company will try to recover your deductible from the insurer...
Archived
If my bank has charged me monthly service charges for 6 months and admitted that they did so in error, any legal recourse?
David's answer
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Answered on December 04, 2013
If the erroneous charges resulted in other damages, such as returned checks or overdraft fees, then the bank could be liable for those damages as...
Archived
In Indiana is an Affidavit of Debt admissibly as evidence if it is not signed by an employee of the original creditor?
David's answer
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Answered on November 29, 2013
All relevant evidence is admissible unless properly objected to. Fortunately, most debt collector affidavits have plenty in them to object to. Most...
Archived
Are there templates available to form a letter to courts in answer to law suits?
David's answer
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Answered on November 27, 2013
The Court isn't looking for a letter. It's looking for an Answer. In an Answer, you respond to each and every allegation in the Complaint. You can...
Archived
Why is a person I don't know listed along with mine on my notice of foreclosure papers?
David's answer
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Answered on November 17, 2013
When the lender prepares the foreclosure, they do a title search to find anyone who may have an interest in the property. It could be someone who...
Archived
Can I sue if I signed a paper that stated it was a rebuilt vehicle but didn't tell me it was salvaged
David's answer
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Answered on November 16, 2013
In order for a dealer to sell a rebuilt vehicle, Indiana Code 9-22-3-30 states only that a dealer "may not sell, exchange, or transfer a rebuilt...
Archived
If credit card specifically says which state laws the agreement and account are governed by, does this include SOL as well??
David's answer
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Answered on November 16, 2013
In most cases, the Indiana statute of limitations is going to apply because debt buyers often cannot produce the original agreement under which you...
Archived
I currently have a garnishment being taken out of my payroll check. Is there a form to fill out asking for an amendment?
David's answer
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Answered on November 16, 2013
Creditors can't necessarily garnish the rest of your check. They are allowed to garnish the lesser of: 25% of your disposable earnings, or the...
Archived
What does an attempt to get a 'personal judgment' in a summons to foreclose mean?
David's answer
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Answered on November 16, 2013
Every mortgage foreclosure suit has two components: an in rem action to collect against the property securing the note and an in personam action to...
Archived
What are my rights if the home I am leasing is going into foreclosure.
David's answer
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Answered on June 22, 2013
I know this is a scary times for you, so let me start by saying that you won't just get locked out of the house. You will receive some notice if...
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