Posts by Douglas Masson
Exculpatory Clauses in Indiana: Make Sure to Specifically Release Negligence in your Waivers
On March 28, 2014, the Indiana Court of Appeals issued a decision in the matter of Kramer v. Catholic Charities of the Diocese of Fort Wayne-South Bend (pdf) which, in my mind, further confuses the application of “inherent risk” analysis versus “latent defect” analysis when determining the effectiveness in exculpatory clauses.These are both concepts used…
Read MoreThe Divorce Decree and Kids' Medical Debts
One situation that seems to come up a fair amount is allocation of the debts after the divorce. Many of my creditor clients have had a debtor attempt to defend against collection efforts by advising the creditor that the divorce decree said they did not have to pay. Typically a divorce decree simply is not…
Read MoreCivil Collection versus Criminal Restitution
Sometimes an individual will owe you money because of something criminal that person did. For example, maybe a drunk driver hit your car and damaged it. Maybe someone wrote you a bad check knowing that they did not have enough money in their account to cover it. Maybe they vandalized your property. Or, maybe they…
Read MoreWhy Did I Get Sued in a Mortgage Foreclosure case for real estate I do not own?
Not infrequently, a judgment creditor will find that he, she, or it have been served with papers in a mortgage foreclosure case. This can be unnerving for a business or creditor that is unfamiliar with the process. Your involvement in the foreclosure case is a by-product of the fact that your judgment automatically creates a…
Read MoreIndiana Collections: Small Claim Debt Collection by Corporations
The old saying is that an attorney who represents himself has a fool for a client. Similarly, there is risk for anyone who chooses to represent themselves in litigation. But, the general rule is that an individual is entitled to represent him or herself. And, with small claims where the stakes are lower and the…
Read MoreIndiana Collections: Overview of the Collections Process (Part 2 – Collecting the Judgment)
In many collections cases, obtaining a judgment is, unfortunately, only the beginning of the process. The judgment is essentially a judicial declaration that the debt is owed. With some limited exceptions, the debtor’s ability to challenge the fact of the debt has passed. As far as the court is concerned, the debtor owes the creditor…
Read MoreSB 290-2014 Proposed Changes for Collection of Medical Debts in Indiana
Senators Tallian and Steele have introduced SB 290 which would alter the procedures and rights for creditors seeking to collect medical medical debts. Specifically, it purports to address “medical collection cases” which are defined as an action to collect a debt based on the provision of medical care, durable medical equipment, or a prescription. If…
Read MoreIndiana Collections: Overview of the Collections Process (Part 1 – From finding an attorney to obtaining judgment)
With a typical case – and, fair warning, most cases end up being atypical in one way or another – the collection process will look a lot like this: 1. You will find an attorney to represent you. Typically, you will want an attorney who does some volume of collections. Collections are often distinguished by…
Read MoreIndiana Collections: Before You Have a Problem
The best way to maximize your return on the goods and services you provide is if you do not have to involve a lawyer. I am proud of my profession generally, and I certainly believe that our firm provides excellent value to our clients; but the fact remains that the legal process is not a…
Read MoreIndiana Collections – Introduction
At Hoffman, Luhman & Masson, one of our main areas of practice is collections work. As a legal matter, “collections” is almost always a breach of contract action. Typically, but not always, what makes a breach of contract action a “collections” case has to do with difficulties in locating assets to pay for the debt…
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