Woman wins repossession appeal against towing company
The 7th Circuit Court of Appeals on Wednesday reversed in favor of an Indianapolis woman who was restrained by law enforcement while her car was being repossessed.
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Reversal: Lender can assert claim for missed promissory note payments
The Indiana Supreme Court on Monday reversed the dismissal of a complaint brought for missed payments on a promissory note, finding the lender’s claim is timely.
7th Circuit finds Indiana man’s debt collection claims ‘meritless’
A man who unsuccessfully sued a collection agency alleging the information provided in a letter violated the Fair Debt Collection Practices Act lost his appeal Monday, with a federal appeals panel finding his claims “meritless.”
Marion Superior reminds lawyers to not monopolize hearings
Indianapolis attorney Fred Pfenninger is baffled and slightly miffed about the Marion Superior Court imposing a limit of roughly 15 cases per law firm per supplemental hearing. But James Joven, presiding judge of the Civil Term for Marion Superior Courts, said the limitation on the number of filings has been in place for several years.
COA reverses judgment for bank in credit card debt appeal
A bank has failed to prove that one of its customers is thousands of dollars behind on her credit card payments, the Indiana Court of Appeals ruled Thursday.
Woman jailed over pursuit of debt wins partial judgment
A woman arrested for failing to pay off a health club debt she thought had been discharged nearly 10 years earlier partially won a judgment against the law firm that pursued collection on the debt.
Ruling affirmed for woman in emailed debt collection notice case
Judgment for a woman who was sent two debt collection notices by email has been affirmed by the 7th Circuit Court of Appeals, which found the emails did not contain statutorily required disclosures.
$5 million settlement to offer debt relief to 602 Hoosier ITT Tech students
Hundreds of former ITT Tech students in Indiana will find some ease from their student loans now that millions have been secured in a national legal settlement to cover their debt.
Collection agency waited too long to file complaint for repayment, COA says
The Indiana Court of Appeals has affirmed the dismissal of a complaint brought by a collection agency for failing to file its complaint for repayment within the six-year statute of limitations.
ACLU report: Debtors’ prisons no longer relic of Dickensian past
Hoosiers who bounce a check, fall behind in rent, or owe even a few dollars can find themselves arrested and thrown in jail, according to a new report by the American Civil Liberties Union released this week that examines the rise of debtor’s prison in the United States.
Debt collector must face suit for accessing credit report
A debt collection company failed to convince a federal judge that it had a right to access the credit report of a person whose debt it was assigned to collect in a dispute over a default on a lease.
Gorsuch has unanimous first opinion for Supreme Court
Justice Neil Gorsuch's first Supreme Court opinion Monday stayed true to what Gorsuch promised in his nomination hearing and to the reputation for good writing he developed as an appellate judge.
Notre Dame, McKinney up, Maurer down in US News rankings
Although deans consistently disparage the annual rankings, the U.S. News & World Report’s 2018 Best Law Schools may have given Indiana University Robert H. McKinney School of Law reason to cheer.
Retzner: Creditors must file claims or risk losing them forever
After death of a debtor or guarantor, the rules for filing claims in an estate are extremely strict. Claims must be filed within three months of the date of creditor receiving notice of the opening of an estate administration. Additionally, claims must be filed, if at all, within nine months of the date of death, regardless of whether notice was received.
Builder’s statute of limitations defense prevails in COA
The Indiana Court of Appeals reversed summary judgment in favor of construction supplier on its breach of contract claim against a builder to which it provided a line of credit. The appellate court agreed with the defendants' claims that the lawsuit was time-barred.