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Found 68 results

  1. I'm in Indiana and me and my girlfriend were looking for a place to rent . We found a place and gave a security deposit and first months rent . The landlord gave us a day work would be done on the house and we could move in. The day ended up being changed 3 time further and further away. The day came to walk through and it was horrible. He said if we don't like it he would give our deposit back. We thought about it called the next day and asked to get it back. There was never a lease signed or rental agreement now he refuses to give our $1,400 back. Should I take him to small claims
  2. A family member refused to sign a property title transaction unless I paid $3684 to settle a 3 year old debt of $770. I paid and they signed. Is this extortion?
  3. My son was pulled over for a "traffic violation" . I was with him when this happened. He had syringes in a sharps container, to return to the needle exchange program. He was arrested and charged. I read the police report and the officer lied about a number of things in his report. I know why he did it. It was the only way he could show probable cause. He states that he gave my son his ticket before the needles came into play. I know better. Neither one of us have the money to hire an attorney. He was appointed a PD. His PD told him he couldn't get the body cam footage. I disagree. Besides my testimony, which the PD hasn't even discussed with either of us and he is very aware of the situation. The cam footage will prove he is lying about what happened and how it happened. Can I try to get it if he doesn't? Just a side note if it helps. He is due for pretrial next month. Should this be done asap? Thank you
  4. In my case, i have a level 3 felony aggravated battery charge however i have had no prior felonies and only very small criminal history overall. Im young. I have seen many people get away with a lot of felonies without going to prison in my county. My public defender told me the DA is going to give their first offer of 10 years, 4 suspended, 6 executed. Does that mean that I would have to do all 6 years in prison and, if so, could I work them down by denying the first plea offer?
  5. I'm gonna try to skim through this without missing any key areas. This begins in January when my current boyfriend's ex freaked out and went after me after seeing he was with someone. So, I freaked out left my 2 daughters with my exhusband and ran as to avert her attention towards me. Fast forward 3 months later and my bf and I are back in our home state. I find out that my children have been split up. My oldest daughter is still with my ex husband. But my youngest is now living with her illegitimate father, whom she doesn't know nor has he filed any legal papers to establish paternity. I want her back. But everyone is saying I need to go through the courts. While away my ex filed emergency custody and now has guardianship over my kids. Between the two men, they believe drugs and all sorts of illegal things had been going on. None of which are true, but it does raise eyebrows amongst anyone I've talked to. So, how do I go about getting them back, namely my youngest, without alot of issue? If I go to court, I would have to represent myself, and I'm not sure what all I need to prove in order to get her back home.
  6. Several weeks ago, I was served a "proceedings supplemental" by the attorney who obtained default judgment against me in 2014. I learned that even though I fall below "exempt" levels in terms of assets and currently only have disability income, I MUST attend or be at risk for body attachment warrants being issued. I made the 100 mile round trip (with suspended driver's license) and met with the attorney, who seemed 1) displeased that I am not employed and 2) is adamant that I MUST agree to a "payment plan". I have seen mention of "filing exemptions with the Court" but there are never any explanations as to how this accomplished. At any rate, I was told I must now return in a couple weeks to go before the judge, who "won't accept" less than a $50/month payment agreement. The attorney insinuated that I'm not "too disabled" ... I SHOULD be working, to pay the attorney, apparently. And if I am not working, I need to dig into the disability money, despite the fact that it barely makes the monthly living expenses. I was told I can do this "the easy way or the hard way" and that I "like the hard way" and THAT is the reason I now have to go back to the court. I told the attorney I was left with numerous problems to deal with (on my own) when I was defrauded of settlement; this was after telling atty I had only disability income and believe my assets fall below the exemption level set for the state. I also explained that I am not willing to make a promise that I can't (be sure to) keep. So, I can now go to court again in about a week, tell the judge my "sob story" and the insinuation is that won't get me very far. 1) How are "exemptions" filed with the court? 2) Is there an automatic right to reassign a fee award (from divorce decree) based on sale of real estate to a personal judgment against me, when I took every action I could to avoid the default (of legitimate sale) engineered by ex, which was beyond my control, but which was predictable and preventable - had the attorney chosen an action besides "withdrawal from the case" (which also gave ex clear signal that the field was clear for action)? My insistence a timely motion to clarify/modify the decree was the reason for withdrawal. but it turns out I was correct; the silence and vagueness of the decree was used to defeat it, denying me equalization, dependent benefits ordered returned and ultimately, my personal possessions and those of our children. Based on the appraisal, ex could have received no more than about $10k and that only after the attorneys and I were paid. Instead, the intentional foreclosure and sheriff sale purchase (made by his brother) netted an instant $91k equity (plus, I am told, rental income, now). I was paid up to the time of the divorce hearing. The decree stated a "mutually agreeable" realtor be hired, but ex signed a one year contract with an agent "for show" and it's my understanding that judges can't interfere in private contracts. There was no mechanism to ensure the realtor was "agreeable" (and motivated). I was not on the mortgage or deed and it took me several months merely to get the information from the realtor, in order to petition the court for a change of realtor. By then, ex had allowed the house to go through foreclosure, intentionally. I was not even "allowed" a copy of the contract; I was denied settlement conference in the foreclosure and denied the opportunity to speak at the eviction hearing (small claims court). I'm being held responsible for the failure of a decree that I could see was quite flawed and in which I was not the only actor charged with performance. Any assistance or insight is appreciated. Thank you.
  7. A few weeks ago I was arrested for Domestic Battery after my girlfriend and I got into a physical altercation. I said something stupid and she punched me in the eye to which I reacted with physical violence. We were both intoxicated and I am not proud of how I reacted nor for what took place. This is very shameful and has made me aware of some very serious personal issues we both face. After the neighbors heard the fighting they called the police and of course they should up. The police then proceeded to misinform my girlfriend of the following things in what I can only assume was an attempt to paint me as shady individual in order to convince her to press charges against me... A. They said I was "involved" with an issue concerning a stolen trailer; Yes actually I was "involved" as I am the one who filed the report after noticing it was missing from work. As the supervisor that is my job. Something they did not specify. This is irrelevant. B. They told her I was part of a death investigation in 2007; Yes after discovering my father had passed away (after what was later determined to be a heart attack) on the couch a week after he passed I imagine I probably was part of an investigation. I'd be shocked if I wasn't. This is irrelevant. C. They told her I was involved in a child abuse investigation after a small child my then wife was babysitting accidentally fell down the stairs. 1st of all I was at work at the time and matter of fact was never was around the child even once as she watched her during times I was at work. 2nd of all I was never questioned or even spoke to police or anyone concerning the matter and lastly it was determined to be an accident. Again completely irrelevant. All these things were told to her in an effort (a successful one I might add) to illicit a response of yes when they asked her if she would be pressing charges. Furthermore (this same officer) informed her the following day that I was contacting my ex-wife from jail in efforts to get her to bail me out of jail which is completely and entirely false. My question is did the police do anything illegal here in misleading and misinforming my girlfriend of these things and if so is it enough to get this thrown out? Obviously lying isn't necessarily illegal isn't misleading a victim or witness grounds for dismissal?
  8. My pervious landlord has used my security deposit and is charging over $200 in fees for replacing the carpet in our apartment due to "pet smell". Yes we have a pet. However, my question is why did they not attempt cleaning to remove "pet smell"; they stated that it is up the maintenance's discretion whether or not they clean or replace the carpet. How is that right, they have no policy or procedure to make this determination, basically he just walked in said is smelled like a pet so replace the carpet. He cannot prove that the smell would not come out because they did not attempt cleaning! According to IN state law, landlords are not allowed to use the security deposit for typical wear and tear. Is pet smell, if the apartment complex allows pets, considered normal wear and tear? If not, are they obligated to first attempt a reasonable and financially responsible charge such as cleaning as the carpet had "pet smell"? There were no soiled spots and they have no pictures of damage because it was just "pet smell". Also, I paid a non-refundable pet deposit which the lease states is used for property damage cause by the pet. Well if this isn't wear and tear, would it then be considered pet damage to the property, so why can't they use that towards the cost? I would also like to point out that when I talked to the assistant property manager and asked what the pet deposit was used for, he said "nothing". I would like to take them to small claims, do I have a chance? And my final question, the over $200 fee is due in 2 weeks, if I do not pay it says they will take it to collections (although the office manager stated she wouldn't bring to collections as we are in the middle of disputing the charges, however I don't believe them and feel they will take it to claims anyways). If I file a small claims form are they allowed to still take it to collections? I obviously do not want them to do this, what would happen if I paid the cost so they can't take it to collections, can I still file with small claims even though I paid it? Thanks for any advice and feedback!
  9. So, my husband is an inmate in a facility in Indiana. We lived in Iowa when he was sentenced and we would somehow like to get him transferred to a facility here in Iowa so we are closer to him and can be more supportive. We have 3 kids and want him in the kids life as much as possible and it's hard to travel to Indiana every few months to visit. Does anyone know anything about Interstate Corrections Compact? I have done lots of research and I can only seem to find information on transferring states once you are on parole or probation. Help would be greatly appreciated. Thank you.i
  10. I created an artwork, which is registered as my copyright. A local newspaper photographed it and used it in the print edition of their paper, which is fair use. However, can I use a scanned copy of that photo on social media, or do I need to buy it from the newspaper? Is it fair use to use someone else's photo of your work?
  11. About 5 years ago I was married with 3 boys. What I didn't know was that while I was at work, my husband at the time was not watching my children. The neighbor lady called the CPS and had them taken. after a year of my ex not getting any better at taking care of them at visits, they told us we should give up guardianship to a family member so we wouldn't lose them to adoption. We signed over guardianship to my ex's cousin and his wife. About 2 months after that, my ex threatened my life and I filed for a divorce. I went and got my own place and asked for guardianship. The cousins told me I didn't make enough money to support 3 children. I then went and got my GED and enrolled in college to get a better job to support my kids. Meanwhile, I had financial difficulties and I couldn't go and see my kids for a few months. When I got more financially stable, I asked if i could see my kids and they told me no because I hadn't been much of a mother lately. I had tried to get a hold of them a couple times after that but they wouldn't return my calls or answer my letters. I graduate in December, and I just got a letter in the mail from their lawyer stating that they wanted to adopt my kids and wanted to know if I was ok with that. My question is, what should I do now? Should I answer them right away or should I wait until I graduate and go for custody instead? Should i write them a letter asking for visitation to show that I still want to see my kids or should I go to court to get visitation? I am terribly missing my kids and she won't even send me any pictures of them, but my ex has school pictures of them on his Facebook page, even though I know for a fact that he never visits them. Please help!
  12. Attorney-in-Fact of principal removed many, many valuable items from this person's home when they were dying in a nursing home. Spoke briefly with an attorney who stated there was nothing that could be done in this matter until time of appraisal of remaining items. So, none of items taken were returned and attorney-in-fact is now claiming all items she took was given to her a few years ago. We have pictures and videos to prove this otherwise. When pressed through attorney-in-fact's estate lawyer to see the poa that was given to her from the principal so the actions of such person could be reviewed, the response given was it was thrown away after principal's death. How can someone possibly get away with this?
  13. Hello I live in a trailer park .( please no trailer park jokes)... my son who is 17 was attacked by a 21 year old with a gun which turned out to be a bb gun they painted the tip) and machete and a hammer. the 21 year old was band from the park previously. my son who is 17 ended up whooping the boys butt. we did call the police and made a complaint . the park then turned around after I paid rent for this month and said that we had to move out. even though they have wrote on the notice to quit that my son was defending himself. they have givin us 30 days to move. if I move quietly in the 30 days they wont put the eviction on my "record" can they do this?
  14. Ok I got a divorce from my ex husband and it was finalized in November of 2008, the home that we lived in also with his mother I moved out of and did not contest him and her keeping the house. They were supposed to refinance the house to have my name removed off of the mortgage and all other paperwork relating to the house. Where things get a little screwy is that the house was in his mothers name and my name, his name was not on the mortgage, i want to say that it was somehow on the deed but not the mortgage. Now since 2008 the home has gone up for sheriff sale several times and all of them were stopped by her filing bankruptcy, then the bankruptcy would be over turned for non payment of the plan payments. What recourse do I have to get my name off of this it has shot my credit because of the late payments and all of that and her name is not in the decree to take him back for contempt of court. I am a stay at home mom and everything what my husband and I have are in his name because of the payments that they did not pay on the house as well as the foreclosures that were on the house. Please any help or advise would be great I feel like I have no recourse on this and that I am have not control over this situation and they have all of the power. Thank you
  15. My grandparents home is paid off. Both passed away. Before so they added my 2 uncles to their house deed. I was told this means the house is no longer considered part of their estate. As people pass away they fall off the deed thus not owning the house and being an asset. Is this True? After the last grandparent passed I was told not much would be left over to give descendants as grandma had health issues and was in a retirement home the last 4 years of her life. Meaning medical bills would be paid from the home selling. If indeed the uncles were added, then after my grandmother passed away they became owners of the home and any bills owed if any by my grandmother would not be paid by the uncles as she would no longer be an owner of the home. Thus her left behind bills could not hold her house being sold and its assets reliable for these bills. Is this correct? She had no affiliation to the home legally after passing. There was never a will put in probate despite being told I had a trust fund set up for me the day I was born by my grandparents and despite my father passing at age 21. I along with my sister would receive my fathers share they told me. So far going on 2 months of the house being sold I've received nothing. My one uncles daughter who cared for my grandparents lived in the house for nearl 12 years and Atleast 6 years after grandma was put in a retirement home and another 2 years after she passed. It was put on the market after she was told to move. It sold quickly. Paying only utilities in a 3 bedroom full basement huge lot great area resident. How can I find out if I am part of this in any way? I was told of a trust fund as I mentioned. Yet nobody has contacted me what so ever. I've never asked regarding anything about my grandparents will despite the house selling in June of 2016 and grandma passing in late 2010. I received nothing from my mothers family. It would be nice if my fathers family claimed us. In any capacity. I'm 57 years old and if a trust fund was set up the day I was born I'd think this could be a large monetary inheritance. What can I do?
  16. A customer fired me on a roofing project for taking a rain day, and stole the materials. He paid $1481, but the materials alone cost $2,000, and according to the terms of the contract, he is on the hook for about $7,000+ if he breaches - I need to file a lawsuit. Also, this is an insurance claim, and his insurance provider told him it was okay for him to pull out, which means they interfered with my contract, and I KNOW that is illegal! I need to know what I can do to recover my losses and how I can sue the insurance carrier for interfering with my contractual agreement. Here is the language guiding the terms of cancellation within my contract: Default: Should the Property Owner default in the payment of NV ROOFING & RESTORATION LLC, Property Owner agrees to pay reasonable attorney fees, cost of collection including court cost and interest at the rate of 18% per annum or the maximum allowed by law, whichever the greater. The final payment in full shall not be withheld while waiting for inspections performed by the city, state, or other organizations. Deposit to be made prior to the beginning of any work. The deposit shall be de and paid within ten (10) days of the approval from the Insurance Company, and the failure to make the required deposit shall be a breach of a material term of this contract. Time is of the essence of this agreement. Termination for Convenience – Property Owner: Property Owner understands that this is a legally binding contract and Property Owner is hiring NV ROOFING & RESTORATION LLC for 1.) Damage Analysis: Analyze, document, estimate and report damage to the Property Owner’s Property to Property Owner’s Insurance Company; 2.) Construction Work: Construct, re-construct, repair and/or renovate Property Owner’s Property on the basis of an approved Insurance claim report. Property Owner may terminate this contract for convenience with the understood value for services rendered as such: Trip Charges for Each Visit by an NV ROOFING & RESTORATION LLC Representative - $125 each; Inspection, Damage Assessment, Property Owner Consultation, Pictometry, Measuring/Sketching - $300; Estimate Prepared for Insurance Company – Roof Only: $400 – add $250 for each additional trade included in estimate; NV ROOFING & RESTORATION LLC Meeting With Insurance Adjuster: $500. This refers to work provided related to damage analysis, plus the full value of the percentage of completion of Construction Work at the time of termination, plus the cost of all specially purchased materials for Property Owner’s property that cannot otherwise be returned, plus any restocking fees incurred by NV ROOFING & RESTORATION LLC. The failure to pay NV ROOFING & RESTORATION LLC all amounts de after termination for convenience shall be a Default of the Contract under paragraph eight (8). Any advice would be great! Thank you!
  17. Culomalo

    My Tree

    My oak tree is probably 75 years old. The base of the tree is 6 feet on my side of the property line, but the stump grows on an angle towards the property line. at about the 10 foot height the tree crosses the property line then grows straight up from there. My wonderful neighbors are building a new house and have asked me if they could trim or cut down my tree. The tree is in good health and is home to many birds and squirrels and provides shade to my porch and dock. I have owned this property for 2 years and since I have bought it they have asked the question "What are you going to do with that tree?". I don't plan to remove the tree until it dies. Can they legally trim my tree?
  18. I am an auto mechanic I was working for a independent shop, I have a past issues with abuse of prescription painkillers, that the owners of this shop are aware of when they rehired me. There is no drug testing policy and the only question are you clean ( which I am ) and they hired me back with the only stipulation being stay that way, that being said, a costumer called the day after their car was in our shop stating some prescription medication was missing from their car, now myself and another mechanic worked on this car at separate times and the car also had been unattended while at our shop but I was not only blamed but terminated because of my past without the owners even so much as questioning me about this incident. I was told some medicine is missing out of this car and we are terminating you because of your history with prescription medicine end of story. Is this legal? Can they do that? I didn't take whatever this medicine was out of this car but it didn't matter I was not asked anything about it, I was just told that because of my past that I was the only logical answer.
  19. My son was just returned from his court ordered summer visitation. During the last week of his time there, his father took him to an urgent care facility without my knowledge (I was called after the fact) for an injury to my sons ankle which was non emergent. My son complained of pain in his ankle 2 weeks prior to the urgent care visit. We have joint legal custody, so I should have been made aware. The urgent care doctor referred them to an Ortho doc. My son was taken by his father to Cincinnati Children's to see an Ortho doctor 3 days later. I asked the father to make me aware of the appointment date, time, Doctor info etc. but he refused. I asked that I be contacted before treatment was administered, as it made since for our son to have treatment here in Indiana so that the follow up care could be taken care of by the same doctor. Sons father refused, informed me that he and his wife would handle it and make whatever decisions needed to be made. I received a photo of my son in a cast hours later, no phone call or info from an adult. I was finally allowed to talk to my son (after numerous attempts to contact them), and was informed by my 12 year old that he begged his dad to allow him to call (he's never been sick more than the flu, so he was scared) and his father told him no, calling me wasn't necessary, because his mother (the wife) was right there. Sons father refuses to give me any medical info, I can't get any from the hospital, as I wasn't listed on any of the paperwork, all I know is the cast is to come off in 4 weeks (per my son). What are my legal options as far as preventing my sons father from doing this again? He seems to care more about being in control and not providing me with info, than the well-being of his child, as no doctor can properly treat him without even knowing what they are treating. Please help!
  20. Long story short. I had a medical test done the total due me was 2500. I paid 1,247.35 as the test wasn't done properly The didn't scan part of my back. I was taken to small claims court. The Judgement says: 13. The Court further finds that Defendant's dispute with Plaintiff is in good faith and with some merit. Defendant will not be assessed any attorney fees, interest, or court costs Judgment for Plaintiff, Dupont Hospital, LLC against Defendant, (my name), in the amount of $ 1,247.35. Cost to Plaintiff. Costs paid. To me it means that I don't have to pay any more since it says Costs paid. There is nothing else below that part but Manner of Notice (how I was served) Do I owe more money? Should I call the court house. I didn't have a lawyer as no one wanted to take a small claims case that was less than $2,000.
  21. I had put in an application at an apartment complex in Muncie, IN during the month of March, 2016. The application process included signing a lease at the same time. After the application process was complete, they performed a background check and credit check. I was informed a few days afterwards that I had been denied due to the background check coming back with a felony (it was actually supposed to be a misdemeanor). They told me that the lease I had signed would be shredded. Approximately a month later, I spoke to them about how I might be able to overturn their previous denial and was told that if I were to supply them with something from the court, they could reprocess the background check. I got said paperwork and was told I would have to go in and sign a new lease. I had spoke with them about doing so and today received a phone call from them informing me that I have a lease and need to pay first months rent and pick up the keys. I now live in Valparaiso as I was under the impression I wouldn't get into the apartment, yet, they want me to be down there by Wednesday of next week to pick up keys and pay rent. Is there any way that this can be avoided?
  22. Hi Sir I am from West Bengal. I have a areca nut tree in my property which is make distance near about 1 feet from my land boundary. Generally It is OK but at the time of storm it make a collision with my neighbor house which is situated less than 4 feet distance from my land boundary. My neighbor said to me cut the areca nut tree.Am I liable to give any damage charge if the areca nut tree damage any property of my neighbor at the time of storm ?
  23. I had a question about one of my HOA regulations, and whether it is appropriate. They state that our detached garages (private, not public area) are to be used for vehicle storage. A condo owner with two cars is expected to store them both in the garage. If the condo owner owns a third car, they may park it outside, parallel to the garage. I only own one car, but would like to use my garage as a photo studio. To me, it seems unreasonable that my neighbors can park parallel to their garage, but I cannot, simply because I only own one car. Can the Condo association change the rules for me based on the number of cars I own? The garage is totally enclosed - it isn't a carport. There is no way to know what the garage is being used for unless the door is open, so it isn't an exterior aesthetics issue.
  24. My child support and child custody order was done in Fort Wayne, IN, my sons father lives in Maineville, Ohio. Over the past 8 years I have dealt with continual third party interference from my sons step mother. I have numerous text messages and emails, and have endured verbal abuse and harassment from the father and his wife when it comes to our visitation order. We exercise Indiana's rule for visitation "when distance is a factor", but they often force and bully me into giving them more time, they speak negatively about me to my son, and I give in to keep down arguments and keep the environment safe and drama free for my son. My son will be 12 in 2 weeks and they are trying to force him to move to Ohio with them in 2 years when he goes to high school. They do things like tell him if he lives with them he can do this or have that, or if he stays with me, his 5 year old sister will be sad ( he has a younger sister that me and my husband just had as well). My son has informed them he does not want to leave his family here, friends, school, etc. I am not allowed to make decisions with the father, they require that the step mother be involved. What can I do to stop this? I also recently learned that my sons father may also be making upwards of an additional $45,000 a year ( which explains why he didn't want me to go to court to lower his support when I got a new job making $10,000 more than the order), but am scared this will become physical, or the verbal abuse etc. will continue if I seek out a modification.
  25. The judge ruled .. I just get parenting time basically every other weekend an wensdays... my child is almost 4 can I appeal the judges ruling for one her mom an dad knew that judge.... this is in lawerncburg ind... i basically have no rights still she basically got what ever she wanted in court i even i had a GAL an she said i should have had him every weekend an the judge didn't even listen to her either i just feel the court didn't wana hear what we had to say is there anything i can do to keep fighting for the time to be with my son
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