Year: 2019

Landlord 101 – General rules all Landlords should be aware of

Posted by perrylawoffice on September 3, 2019

Partial Payments:

In general if a Landlord wants to evict someone who has not paid rent, they should not accept any future rent. Acceptance of rent, even partial rent, could prevent a landlord from receiving an order of possession from the Court or from the Sheriff enforcing such an order during the Writ process.

Personal Property Left in Unit:

Allen County has a local rule regarding personal property left in a rental unit after the Landlord regains possession. A landlord must send a letter, giving a Tenant 14 days to remove their belongings.

Security Deposit Letter:

Some refer to this as the 45 Day Letter. Once a Landlord regains possession of the unit/house they MUST send a letter itemizing how the security deposit was applied to damages or back rent. If there is any deposit left, the letter must also include a check for the remaining amount. This needs to be sent to the forwarding address provided by the tenant.

Prorate carpet:

In Allen County the court requires that a Landlord prorate carpet to a 7 year life span. To do this a Landlord needs to have a copy of the invoice when the carpet was originally installed (for the install date) and an invoice for the newly installed carpet (for the install date and cost). The Landlord may only charge for the remaining life of the carpet, not the entire replacement cost of the carpet. Creating a Carpet Prorate sheet to show how you came to this amount is highly suggested and in most cases required.

Some of these Rules are solely for the Allen County, Indiana area. Many courts treat the above slightly different and may have their own local rules. Please contact your local court or attorney for the common practices/rules in your area. Facts and history between the Landlord and Tenant may also change the actual outcome. Perry Law Office can help with your eviction needs.

Collecting on a Debt is NOT as Easy as It May Seem

Posted by perrylawoffice on August 8, 2019

I got my Judgment, now what?

There is a misconception that getting a money judgment against someone, means they will pay you. In general this is NOT the case. We, at Perry Law Office, have found that on average it can take up to two (2) years to collect on a judgment depending on the various circumstances and how old the debt is. There are of course those rare circumstances when you get paid immediately upfront. But in most circumstances that is not the case.Getting the money judgment is only the first step.

How do I find assets to collect from?

Debtors, tend to move. Debtors, tend to switch jobs. Debtors, tend to be unwilling to voluntarily pay a debt they owe. Debt Collection takes some time and hard work. Finding employment, personal assets, or bank accounts can be very difficult. Not to mention, finding the debtor and getting proper service in order to enforce your claim against them. There are many methods and ways to find the location of a debtor, bank accounts, or where they are employed. Companies offer services to do just that. However, this cost money to hire the company or to buy the program, plus the time to do the legwork.

What can a collection attorney do for you?

The experienced staff and attorneys at Perry Law Office are equipped to find these debtors and collect from them. We can find where they are working and garnish their wages, levy on their bank account, or set up voluntary payments. Perry Law Office and similar collection attorneys have methods and processes in place to efficiently and effectively collect on debt.

How do I pay an attorney?

If someone owes you money and you are not sure how to collect, hire an experienced debt collection attorney to help you collect the money that is owed to you. Hiring an attorney is not as painful as you may believe. In most cases, you do NOT have to pay the attorney any attorney fees. Normally collection attorneys work on a contingency fee basis, meaning if they do NOT collect, you do not owe the attorney anything.

Contact Perry Law Office an experienced Fort Wayne debt collection attorney today. Call our Fort Wayne, Indiana law firm at (260) 483-3110 to discuss legal collection services at any stage of delinquency. We offer retail (consumer) and commercial (business to business) Debt Collections.

Key Terms You need to know for Debt Collection

Posted by perrylawoffice on August 1, 2019

If you owed money and are thinking about filing a lawsuit to attempt to collect, here are some key terms to become familiar with:

Debt/Delinquent Account/Deficiency amount: This is what someone owes you. The amount of money a person or company owes you.
Debtor/Defendant: This is the person who owes you money.
Creditor/Plaintiff/Client: This is the person who is owed the money.
Court Costs/Filing Fees: This term is used to explain the cost of filing the lawsuit and paying for service of court pleadings to the debtor.
Private Process Server/Sheriff Service/Certified Mail: These are methods to serve a debtor the legal pleadings. The type of service to use depends on certain facts and situations.
Contingency Fee: This is a fee structure where the attorney and creditor split the amount collected. Attorney does not get a fee unless monies are collected. This is the most common fee agreement between collection attorneys and clients.
Statute of Limitations (SOL): This is a the deadline to file a lawsuit. Each type of debt has a different deadline to file a lawsuit. If you miss that deadline, you are not eligible to file suit against the person or entity who owes you money. Some SOL are very short so do not sit on the debt and not do anything. Depending on the debt, the SOL starts at different times. Most common is date last payment made.
Judgment: This is the decision of the court on whether a person owes someone money or not. The Judge/Magistrate can give a judgment for Creditor stating the Debtor owes $X or could rule in favor of the Debtor.
Judge/Magistrate: A judge is elected. A magistrate is appointed by a Judge and usually handles less complicated cases. Most Small Claims courts have Magistrates vs Judges. Both can give final judgment.

Basics of Indiana Collection Law

Posted by perrylawoffice on July 25, 2019

What is Small Claims?

If you are owed money and the person or entity that owes you refuses to pay you will have to make the decision whether or not you want to take the matter to court to enforce collection of the monies owed to you. In Indiana for claims involving $6,000 or less ($8,000 or less in Marion County Indiana), there is a simplified procedure for filing a lawsuit in what is called Small Claims Court. The filing fee generally changes slightly from year to year but it should be around $90. You may even file a request that the filing fee is waived based on financial need. Most courts in Indiana are going to e-filing. As a pro-se plaintiff, you are able to file at court or online. But that law could change in the future.

Advantages of Small Claims:

The advantage to filing in Small Claims Court is a faster route to trial if a trial is necessary. In addition to a streamlined process for obtaining a judgment, Small Claims Court is also designed for a streamlined process for the collection of the judgment. If a trial is required then it usually can be scheduled in a relatively short period of time. One month up to six months. This is a much quicker time frame in which to get in front of a judge than you would have in a court outside of Small Claims Court. Many claims are reduced to judgment without the need for a trial and in that case, you might have a judgment within 2 months after filing the lawsuit. The rules of evidence are also relaxed, allowing for a more conversational presentation of your claim, vs worrying about the proper method of submitting your evidence proving the debt is owed.

I have Judgment, now what?

Obtaining a money judgment against the person or entity that owes you money is often the easiest part of the process. You then have to collect on the Judgment the court provided to you. This is not automatic. Just because you have a judgment does not mean the person or entity that owes on the judgment will voluntarily pay.

In Indiana, the most common form of collecting on a judgment once one is obtained is through the garnishment of wages. The wage garnishment statutes in Indiana are favorable for creditors. An employer will be required to pay a percentage of an employee’s wages into the court if they receive the proper paperwork from the Judgment creditor. The formula that is used is 25% of net income (net income is take-home wages after deducting only taxes and Social Security withholding’s). If the Judgment debtor takes home less than $217.50 per week, which is 30 hours at minimum wage of $7.25 then nothing is taken from their wages on a garnishment. If they make between $217.50 and $290 the entire amount over $217.50 up to $290 is taken as garnishment. If their net income is over $290 then 25% of their wages are garnished. This formula is provided to employers on the paperwork they receive from the court instructing them to garnish the employee’s wages to satisfy the judgment. There can be other considerations such as support payments and independent contractor issues that could change this formula.

What if a debtor has multiple garnishments?

First in time pays. If your garnishment is taking the max 25%, any other garnishments filed after yours has to wait until yours is paid in full. This also works against you, if you are behind another garnishment. This is also where the streamlined process of Small Claims may help you get to a garnishment sooner and beat out other creditors.

WHAT HAPPENS TO MY CLAIM IF THE PERSON THAT OWES ME MONEY DIES?

Posted by perrylawoffice on July 4, 2019

If someone owes you money (a debtor), does your claim die with that person?

The short answer is NO, however you have a limited time to act and preserve your right. This does not mean you are going to get paid as this will depend on the decedent’s assets but it allows you the option of getting paid.

Time-frame/Deadline to file Claim

Indiana Law provides creditors with a very short window of opportunity to present a claim against a deceased debtor. Indiana code 29-1-14-1 provides that all claims against a deceased person are barred if not filed within nine (9) months after the date death. This means that you must file a claim in the debtor’s estate within nine (9) months of the date of their death.

It does not matter if you were not notified.
It does not matter if an estate was not opened for the debtor.

What if no Estate is opened?

If an estate was not opened for the debtor you would need to take action to have an estate opened in order to file your claim. Obviously doing this might not be economically feasible unless your claim is substantial and you believe or know that the debtor might have assets sufficient to cover the amount of your claim. You would have to pay any filing fees or other associated costs, if any. By doing this you are hoping the debtor has sufficient money to pay all expenses ahead of yours (administrative expenses, other creditors who may be head of you, ie, mortgage company). This may not be known until you open the estate and file your claim.

What if an Estate is opened?

If an estate has been opened and you find out about the estate within the nine (9) month period you can file a claim for the money the deceased owed you. However, there could be another roadblock. Normally when an attorney opens an estate for a decedent they publish notice of the opening of the estate in a local newspaper and notify by letter the known creditors of the decedent. You only have three (3) months from the date of first publication in the newspaper of the notice to file a claim. This could be less than nine (9) months from the date of death.

If a person that owes you money dies, your best chance of recovery is to immediately contact an attorney knowledgeable in filing claims in estates.

WHAT DOES A PERSONAL REPRESENTATIVE OF AN ESTATE NEED TO DO TO GET STARTED?

Posted by perrylawoffice on June 27, 2019

Who is a Personal Representative?

A Personal Representative is a gender-neutral legal term used in Indiana and is the person(s) named to wrap up a deceased’s affairs and distribute the assets. Other states may refer to this person as the Executor (male) or executrix (female) of the Estate. If the Decedent had a Will, they typically would have named their choice for Personal Representative in this document. Once the estate is opened with the court, the court will officially approve the Personal Representative, thus giving them the authority to handle the affairs and assets of the decedent.

What does a Personal Representative have to do?

There are several things you are tasked with handling, while some of them may not seem difficult, they can be time-consuming and hiring an attorney may help.

1. Locate the Will and determine how distribution of assets is to go. This is more involved than just finding the assets and handing them out to the heirs, and there are time frames that should be followed. Must probate the Will.

2. Locate and secure all assets making sure they are locked, insured, and harbored in a safe place. This includes securing the house, vehicles, bank accounts, and personal belongings.

3. Keep the utilities and mortgage paid, but cancel the non-essentials like cable, dish, internet and the newspaper.

4. Open an estate bank account.

5. Review all bills, and determine what must be paid now.

6. Determine if tax returns must be filed.

7. Everything must be kept separate than the Personal Representative’s assets.

8. Determine all heirs to inherit under the Will. Get approval by all to close the estate and distribute the funds.

9. Adhere to deadlines set by the court to close the estate and file certain documents.

10. You as Personal Representative could have personal liability if handled incorrectly.

This is not an exhaustive list of the duties of a Personal Representative and every case is different.

Having an experienced attorney guide you through the process helps ensure you do not miss something important and can answer any questions that may arise.

Where are your Assets?

Posted by perrylawoffice on June 21, 2019

HAVE YOU “MAPPED OUT” YOUR ASSETS FOR YOUR HEIRS?

You probably have a Last Will and Testament describing how assets are to be distributed, but have you made a list of where those assets can be found?

You want to make sure your family is able to locate everything you have worked so very hard for. An asset inventory is a simple list which makes it easier on your loved ones by telling them exactly where to find all your assets and various accounts.

What are my assets?

Assets are tangible and intangible things you own or have a right to when alive or after you die. You may have numerous bank accounts with different banking institutions, cash, collectibles, online accounts, emails, retirement plans, (life) insurance policies, and perhaps even receive “paperless” statements only via email. It is a good idea to leave a list of passwords, account numbers and locations. Your asset inventory may include:

Bank and investment accounts
Safe Deposit Box
Insurance and annuity policies
Stocks and bonds
Deeds and titles
Retirement Accounts (IRA, 401K, etc.)
Life Insurance policies (any post-death benefits)
Cash, jewelry, valuables
Email and online accounts with passwords.
Certain bills or premiums you pay may also be included
Combinations to a safe or location of a safe key

What does this matter?

This is a very important Estate Planning step that most people forget about. Doing this very simple step, could save your loved ones hours of time and energy trying to locate and organize all your various assets. Plus it will ensure all your assets are accounted for. Once you die, holders of most of these assets have knowledge of your death or even if they did, an obligation to notify your heir that the asset exact. This huge responsibly falls onto your Personal Representative (or Executor of your Will). This is the person you named in your Will to collect, manage, and distribute your assets and pay your last bills.

What do I do after I “Map my assets”?

After you have mapped it all out, tell a loved one where you are going to keep the list. Generally you keep it in your safe along with your Will and other important documents (remember you should give someone the combination to your safe or a way to access it). Remember to periodically update your asset inventory, and always update your Will with major life events.

Call Perry Law Office now and our experienced attorneys will help you decide if now is the time to make changes to your Will or help you with your other Estate Planning needs.

WHY YOU SHOULD NOT DRAFT A WILL ONLINE

Posted by perrylawoffice on June 18, 2019

There are many websites where you can draft your Will, but do you really know what you are getting?

Always remember, you get what you pay for.

Before you have some website create important Estate Planning documents for you, consider the following:

1. Generic Documents

Many of the sites offer generic documents that are intended to be a “one size fits all”. When it comes to estate planning, this is not the time for you to try on a “one size fits all” document. You may have very specific needs that cannot be addressed in the generic document. What if you want to leave someone out of your will? What if you want to leave a specific item to someone? What if you want to make sure if a child predeceases you that your grandchild gets their share? These documents are often templates and may or may not allow you to address your questions and concerns.

2. Every state has different legal requirements.

Each state has its own inheritance tax laws, as well as certain requirements to make a valid Will. Are you confident that the generic forms cover your state’s requirements? In Indiana, you must be 18 years old, of sound mind and the Will must be signed by two disinterested witnesses. The website does not offer you witnesses to sign your Will, so even when you are done printing there are still steps to be followed to make sure the Will is valid.

3. Consulting an attorney?

Many of these sites do not have an attorney walking you through the process, or even offer to have an attorney contact you before drafting your documents. If you have questions there is little guidance. Often you will even find a disclaimer that this is not to be considered legal advice. Who will you ask the important questions of what can I and what can’t I put in a Will? Or how do leave or specifically not leave someone, something? What is best for you, based on your current martial, familiar, or financial situation? There are various types of Wills and Trusts, depending on your specific needs that you should consider before choosing a Will.

4. Making changes.

Many times your Will is not retained by the website and any changes you may want to make requires you to start over. Before you make those changes, are they even necessary? The website will not be able to advise you on whether changes are necessary or not.

5. You retain your own Will. Sounds great, right?

What happens if you spill your morning coffee on the file you just safely placed your Will in? What happens if you have a fire? Or the safe with your Will was just stolen? Your original Will is now gone and cannot be replaced. You will have to go online and start over, and probably pay the cost again to recreate it. Most courts require the original Will, not a copy in order to probate it. As a courtesy to our client’s, we retain your original Will in a fire proof safe, and you are welcome to it at any time.

6. Other essential Estate Planning documents.

Along with a Will, do you have a Power of Attorney? Did you know a Will only kicks in after death? What if you or your significant other becomes incapacitated? Who will make your, financial and medical decisions? These are documents we strongly suggest everyone have. See if the website you are one explains the need for a Power of Attorney and that there are different types, financial and health care. An experienced attorney can explain each of these to you and when and how they may come into play, to help you make an informed decision on whether you need them or not.

We are experienced attorneys at Perry Law Office and offer free phone consultations. We will happily walk you through the process and answer all of your questions and resolve any of your issues. We then draft your Estate Planning documents to fit your individual needs.

Wills, Financial Power of Attorneys, Health Care Power of Attorneys, and Living Wills, are important documents and choosing the right combination of estate planning documents can be daunting. Do you need all of these? Maybe? Let’s talk about it and decide what is the appropriate for your current needs. There are also reasons that arise that would cause you to update your plan, and you should be reviewing it with every major life change. Since our attorneys have been working with you from the beginning, they will help you make changes to your plan with ease and advise you on whether an updated Will or Power of Attorney is necessary for you.

Perry Law Office, your local Fort Wayne attorneys. Call us today, 260-483-3110

IMPORTANCE OF ESTATE PLANNING: “WHAT IF” ~ WILLS

Posted by perrylawoffice on June 10, 2019

Planning for the Future

No one wants to think about the “what ifs”. Therefore, most people ignore them and do not plan ahead. Do NOT be one of those people when it comes to preparing your Last Will and Testament. Your eventual death is not a “what if” it is a when. Hopefully, it is a long time from now, but “what if” that is not the case. And even if it is, why not be prepared now?

What if….

A Last Will only comes into play after an individual passes away. A Will is NOT only for you, but also for your loved ones that you leave behind. What if, I get in an accident on the way home from work? What if I have a heart attack tomorrow? Who will take care of my children? If you have minor children or pets, a Will is a great way to ensure they are in good hands if you unexpectedly pass away. Naming a guardian is one of the most important things you can do as a parent.

What else does my Will do?

A Will also allows you to more easily pass on your assets after your death to those you love. It is a legal document that is essential to any estate plan. A Last Will ensures that your children or other loved ones receive your real and personal property. It allows a legal means for your loved ones to more easily navigate the tricky law of Estates and Probate. A Will may help prevent disputes or hard feelings between your heirs as to whom you wanted to leave some of your personal items. Your Will is your last voice after death directing how you wish you estate and assets be distributed. Don’t you want a saying in how that is done? Do not leave your loved ones unprepared upon your death, plan ahead and contact the Fort Wayne lawyers at Perry Law Office to help create a Will that meets your specific needs.

DO I NEED A WILL?

Posted by perrylawoffice on May 28, 2019

When do I need to get a Will?

Every adult should probably have a Will or some other estate plan that they have thought about and implemented. A Will is perhaps the most common estate planning device and is one of the simplest and easiest to implement.

Most people do not think about getting a Will until an event in their life causes them to feel the need to do so. Some of the most common calls, we at Perry Law Office often get are calls from newlyweds, couples or individuals that have just had or are expecting their first child, someone in bad or deteriorating health, or from an adult child regarding their mother or father who has put it off way too long. We have also had calls from people who did not consider the need for an estate plan until they were getting ready to go on a trip, cruise, other family vacation. All of these are great reasons to start thinking about a Will.

However, it is best, to consider some sort of an estate plan early in your adult life, but you are never too old to start this process either. A Will can be changed/improved to correspond with the changes in your own life. I have never heard someone say I got my Will done too early. But often times, family members and loved ones have approached us and asked what do we do, my father/mother, child, grandparent, sibling, or other loved one had no Will? It can be a bit more tricky and cause unnecessary delays and issues.

Who will get my assets?

You never know what the future might bring, and if you die without a Will or other estate plan, your assets might not be distributed to the persons that you want. Assets are anything you own at the time of your death. This could be money, real estate, vehicles, houses, stocks, etc. For example, an adult unmarried individual that has no children and dies without a Will or other estate plan would have their assets distributed to their parents, and their brothers and sisters. This may or may not be what they would actually want to happen. A Will is an easy way to dictate where your assets go and who gets them. People are often surprised at how easy, and inexpensive it is to create a simple estate plan. They often comment that if they had known it would be this easy they would have done it much earlier.

Naming a Guardian for your child/children:

If you have minor children, it is very important to have a Will. A Will allows you to name the guardian of your minor children. This person will care for your children until they turn 18 years old. There are many things to consider in naming a guardian of your minor children. The person you name must be able and willing to take your children in the event of an unexpected death. Also you may want to consider where your guardian lives or their habits. Does he/she spend their winters in Florida or another warm place? Does he/she live in a different city, county, or state. Your children will move to where your guardian lives. In your Will you can also dictate that you do NOT want your children to be split up or separated. These are just a few of the many reasons why naming a trusted person to be the guardian of your most valuable asset(s) is very important!

Call Perry Law Office today and speak to one of our experience lawyers for a free telephone consultation to determine if now is the right time for you to consider a Will, or some other type of estate plan.