Collections
Self-Help Repossession Can Be Dangerous and Costly in Indiana
On December 10, 2015, the Indiana Court of Appeals decided the case of Auto Liquidation Center v. Chaca (pdf). The defendant, Auto Liquidation Center (“ALC”), sold a car on credit to the Plaintiff, Chaca. Mistakenly believing that Chaca was behind on payments, ALC ordered the vehicle repossessed. The mistake came from the fact that Chaca…
Read MoreIndiana 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a Memorandum Decision in the case of Meisberger v. H&B Enterprises (pdf) Because it’s a Memorandum Decision, it is not binding precedent.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 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 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 MoreNo Attorney Lien for Action Against Insurer To Pay Hospital Bill
Today, the Indiana Court of Appeals decided the case of Wilson v. Sisters of St. Francis (pdf). At issue was whether an attorney could be paid from a health insurance payment to a hospital for medical expenses incurred by the attorneys’ client. The patient went to the hospital for emergency cancer treatment. The patient’s insurer…
Read MoreCourt of Appeals on Methods of Proof for Value of Medical Services
The Indiana Court of Appeals issued the opinion of Jackson v. Trancik on July 20, 2011, involving proper methods of proof for the amount due to a medical provider for medical services. The background was a doctor who provided medical services, billed the patient’s insurer, got partial payment from the insurer, got a $20 co-pay…
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