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…

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The 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…

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Civil 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…

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SB 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…

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Indiana 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…

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Indiana 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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