The Collections Process in Indiana
Indiana Collections: Collecting on an Account
The Indiana Court of Appeals issued a Memorandum Decision in the case of Meisberger v. H&B Enterprises (pdf) Because it’s a Memorandum Decision, it is not binding precedent. However, it still provides some insight into some of the issues involved with collecting on an account as a contractor. The practice point for businesses in this…
Read MoreThe "Account Stated" in Indiana Collections
On August 27, 2014, the Indiana Court of Appeals issued a Not-for-Publication Memorandum Decision in the case of Dellamuth v. Ken’s Carpet Unlimited. As an NFP decision, the case cannot be cited as precedent, but it does offer some discussion as to the “account stated” contract theory as it pertains to collecting debts in Indiana.…
Read MoreCourt of Appeals Decides Medical Collection Attorney's Fee Case
Medical billing and collections can be complicated. Often, what looks like one service to the patient can result in bills from multiple entities and a variety of collection efforts. The obligations from debtor to creditor can be similarly variable. In the case of Deca Financial Services, LLC v. Gray (pdf), the Indiana Court of Appeals…
Read MoreIndiana Court of Appeals: Creditor Agreement with Husband Does Not Impair Joint Obligation Owed by Ex-Wife
Where a creditor has an agreement with two or more debtors that make them jointly and severally liable for the same debt, the creditor is permitted to enter into an agreed judgment with one debtor without that agreement barring the creditor’s recovery against the other debtor(s). That was the issue in the case of Lori…
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 More