If you are being harassed by a debt collector, please fill out the form below for an attorney consultation.

Are debt collectors:

  • Calling you or others continually?
  • Harassing, threatening, or lying?
  • Being otherwise unfair or abusive?

You could be entitled to money for the damages you've suffered if your debt collector is violating fair debt collection laws. YOU HAVE RIGHTS, don't be intimidated!


Do you think your fair debt rights are being violated by an abusive debt collector?

State and federal fair debt laws prevent debt collectors from using harassing, misleading, dishonest or unfair debt collection practices. These laws provide that victims of debt collector abuse can recover cash compensation from the collectors, and require the collectors to pay all your legal fees.

Would you like to learn more about how to sue a creditor or debt collector that has violated your fair debt rights at no cost to you?


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Indiana Fair Debt Consumer Guide

Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside Indiana's Statutes Of Limitations. Indiana phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.

The Indiana Fair Debt Collection Consumer Practices Guide summarizes Indiana's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.

This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.

Indiana Consumer Debt Exemption Laws

If a debt collector threatens to seize your property or your assets, you could be protected under Indiana’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under Indiana Debt Exemption Law!

Indiana Statutes – Debt Exemption

Indiana has opted out of federal bankruptcy exemptions. Indiana Code Annotated § 34-55-10-1.

Wages: Indiana Code Annotated § 24-4.5-5-105.

Homestead: Indiana Code Annotated §§ 34-55-10-2(b)(1) and -14.

Tangible personal property: Indiana Code Annotated § 34-55-10-2.

Benefits, retirement plans, insurance, judgments, and other intangibles: Indiana Code Annotated § 34-55-10-2.

Indiana Debt Statutes of Limitation

Your debt may have expired under Indiana’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the Indiana Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.

Indiana Debt Statutes of Limitation

Breach of contract for sale under UCC: 4 years.

Unwritten accounts or contracts and promissory notes or written contracts for payment of money executed after August 31, 1982: 6 years.

Written contracts unrelated to the payment of money: 10 years.

Written acknowledgement or new promise signed by the debtor, or any voluntary payment on a debt, is sufficient evidence to cause the relevant statute of limitations to begin running anew.

Judgments: 10 years unless renewed.

Indiana Wage Garnishment Procedural Requirements

Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under Indiana’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.

Read the summary below to learn your garnishment rights under Indiana law.

Indiana Wage Garnishment Procedural Requirements

Proceedings supplemental to execution may be enforced by verified motion or with affidavits in the court where the judgment is rendered alleging generally: That the plaintiff owns the described judgment against the defendant; That the plaintiff has no cause to believe that levy of execution against the defendant will satisfy the judgment; That the defendant be ordered to appear before the court to answer as to his nonexempt property subject to execution or proceedings supplemental to execution or to apply any such specified or unspecified property towards satisfaction of the judgment; and If any person is named as garnishee, that garnishee has or will have specified or unspecified nonexempt property of, or an obligation owing to the judgment debtor subject to execution or proceedings supplemental to execution, and that the garnishee be ordered to appear and answer concerning the same or answer interrogatories submitted with the motion. If the court determines that the motion meets the foregoing requirements it shall, ex parte and without notice, order the judgment debtor, other named party defendants and the garnishee to appear for a hearing thereon or to answer the interrogatories attached to the motion, or both.

The motion, along with the court's order statuting the time for the appearance and hearing or the time for the answer to interrogatories submitted with the motion, shall be served upon the judgment debtor as provided in Rule 5, and other parties and the garnishee shall be entitled to service of process as provided in Rule 4. In aid of the judgment or execution, the judgment creditor and the judgment debtor may utilize the discovery provisions of these rules in the manner provided in these rules for discovery or as provided under the laws allowing proceedings supplemental. R. Trial P. 69.

After the issuing or return of an execution against the property of the judgment debtor and upon an affidavit that any person, corporation, municipal or otherwise, the Statutee or any subdivision or agency thereof has property of such judgment debtor, or is or will be from time to time indebted to him in any amount, although the amount shall be determined from time to time as it becomes due and payable, which, together with other property claimed by him as exempt from execution, shall exceed the amount of property so exempt by law, such person, corporation, or any member thereof, or the auditor of Statutee or auditing officer of the municipal corporations, subdivisions or agencies of the Statutee, may be required to appear and answer concerning the same provided that such person or persons not be required to appear personally in court unless the judge of the court shall order the personal appearance and the court may order interrogatories to be submitted, and the same to be answered, and a copy of the order of the court ordering the interrogatories answered shall be transmitted to the person or persons by the clerk of the court, by registered mail, and on receipt of such interrogatories and such order, such person or persons shall answer such interrogatories and return the same to such clerk by registered mail or personally and such court shall have full power to compel answers thereto. Ind. Code Ann. _ 341445.

From the day of service of the summons, the garnishee shall be accountable to the plaintiff in the action for the amount of money, property or credits in his hands, or due and owing from him to the defendant. Ind. Code Ann. _ 3411121. Costs shall be awarded and taxed in supplemental proceedings as in other cases. Ind. Code Ann. _ 341448.

Interest Rate at which Judgments Accrue Interest on judgments for money whenever rendered shall be from the date of the return of the verdict or finding of the court until satisfaction at the rate agreed upon in the original contract sued upon, which shall not exceed an annual rate of 8% or the annual rate of 8% if there was no contract by the parties. Ind. Code Ann. _ 244.61101. Governmental entities are liable for 6% interest from date of judgment or settlement if not paid within 180 days. Ind. Code Ann. 34416.517.

Indiana (Debt Collector) Call Recording Law

Under Indiana State and Federal Call Recording Laws, you could record the actual phone conversation with a debt collector in your efforts to stop debt collectors from calling! Indiana is a one party consent state, meaning only the permission of one person on the call is necessary to record. YOU ALONE can be considered the one party to give consent, thus you do not need a debt collectors permission to record the phone conversation in the state of Indiana.

Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.

 

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