Indiana Legal Questions & Answers
72 plain-English answers to common Indiana law questions, grouped into 12 categories. Each answer lists the statutes it is based on and explains when to talk to a lawyer.
Consumer (14)
- How do I appeal my property tax assessment in Indiana?
Indiana property owners file Form 130 with the township/county assessor within 45 days of the assessment notice (Form 11) under Ind. Code § 6-1.1-15-1.1. Then to the County…
- How does the lemon law process work in Indiana?
Indiana's Motor Vehicle Protection Act, Ind. Code § 24-5-13, presumes a lemon after 4 repair attempts on the same defect or 30+ business days out of service within the 'Term of…
- How much of my wages can be garnished in Indiana?
Indiana follows the federal CCPA cap. Under Ind. Code § 24-4.5-5-105, garnishment is limited to the lesser of 25% of disposable earnings OR amount above 30 times the federal…
- How do I file a mechanic's lien in Indiana?
For residential, file Pre-Lien Notice within 30/60 days of first work. Record Sworn Statement and Notice of Intention to Hold Lien in county recorder within 60 days (residential)…
- What is the personal injury statute of limitations in Indiana?
Indiana provides 2 years for personal injury under Ind. Code § 34-11-2-4. Medical malpractice is 2 years with the Medical Malpractice Act review-panel requirement (§ 34-18-7-1)…
- How does small claims court work in Indiana?
Indiana small claims handles disputes up to $10,000 in most counties ($8,000 in Marion County township courts) under Ind. Code § 33-29-2-4 and Ind. Small Claims Rule 1. Filing…
- How do I set aside a default judgment in Indiana?
Move under Ind. Trial Rule 55(C) and 60(B) within a reasonable time, and within one year for mistake, surprise, or excusable neglect. You must show good cause and a meritorious…
- Who is liable if a dog bites me in Indiana?
Indiana applies common-law one-bite plus limited strict liability under Ind. Code § 15-20-1-3 for bites by dogs on postal workers and other persons performing duties imposed by…
- What can I do if I'm a victim of identity theft in Indiana?
Indiana classifies identity deception as a Level 6 felony (6 months-2.5 years) under I.C. 35-43-5-3.5, elevated to Level 5 for losses over $50,000. Credit freezes are free under…
- How does comparative fault work in Indiana?
Indiana follows modified comparative fault with a 51% bar under Ind. Code § 34-51-2-6 — plaintiffs more than 50% at fault recover nothing. Joint and several liability was…
- How do I file a public records request in Indiana?
Indiana's Access to Public Records Act (Ind. Code § 5-14-3) requires agencies to respond within 24 hours (in-person/phone) or 7 days (mail/email/fax). Copy fees follow statutory…
- What is the statute of limitations for contract claims in Indiana?
Indiana gives 10 years to sue on a written contract for payment of money under Ind. Code § 34-11-2-11 and 6 years on an oral contract under § 34-11-2-7. UCC sale-of-goods claims…
- What money in my bank account is protected from creditors in Indiana?
Indiana protects $400 of intangible personal property under I.C. § 34-55-10-2(c)(3) including bank accounts, plus 75% of wages under § 24-4.5-5-105. Tenancy-by-entireties accounts…
- How do I appeal a denied Social Security disability claim in Indiana?
Indiana's Disability Determination Bureau (DDB), within the Family and Social Services Administration (FSSA), handles initial SSDI/SSI reviews from Indianapolis. 60-day deadline…
Employment (10)
- What is the minimum wage in Indiana?
Indiana's minimum wage is $7.25/hour, equal to the federal floor, under Ind. Code § 22-2-2-4. The tipped minimum cash wage is $2.13/hour. Indiana preempts local minimum wage…
- How do I file a workers compensation claim in Indiana?
Indiana workers' comp is governed by Ind. Code § 22-3-2 et seq. and administered by the Worker's Compensation Board of Indiana. Notify your employer within 30 days (Ind. Code §…
- How do I file for unemployment benefits in Indiana?
File online at uplink.in.gov. Indiana pays $50-$390/week for up to 26 weeks. Need at least $4,200 in base-period wages with $2,500 in the last 2 quarters and 1.5× high-quarter…
- What is wrongful termination in Indiana?
Indiana is a strict at-will state. The Frampton v. Central Indiana Gas (1973) case recognized a narrow public policy exception for workers' compensation retaliation. The Indiana…
- How do I file a workers' compensation claim in Indiana?
Notify your employer within 30 days (Ind. Code § 22-3-3-1) and file Form 29109 (Application for Adjustment of Claim) with the Workers' Compensation Board within 2 years (§…
- Can I sue for wrongful termination in Indiana?
Indiana is at-will with a narrow Frampton public-policy exception (limited to retaliation for filing workers' comp or exercising a clearly defined statutory right). ICRA (Ind…
- What are my rights against workplace harassment in Indiana?
The Indiana Civil Rights Law (Ind. Code § 22-9-1) is enforced by the Indiana Civil Rights Commission and covers employers with 6+ employees. Federal 'severe or pervasive' standard…
- Can my employer drug test me in Indiana?
Indiana has no comprehensive private-employer drug-testing statute and no marijuana legalization. Employers may test freely subject to ADA accommodation rules. The Indiana…
- Are non-compete agreements enforceable in Indiana?
Indiana enforces non-competes that are reasonable in scope, duration, and geography, and protect a legitimate business interest. Indiana's physician non-compete statute (Ind. Code…
- How do I appeal an unemployment insurance denial in Indiana?
The Indiana Department of Workforce Development (DWD) administers UI under Ind. Code Art. 22-4. Appeals must be filed within 10 days of the determination. Maximum weekly benefit…
Family (9)
- How do I file for divorce in Indiana?
Indiana requires 6-month state and 3-month county residency. It is primarily a no-fault state citing irretrievable breakdown. File a Petition for Dissolution of Marriage, observe…
- How is child custody decided in Indiana?
Indiana decides custody on the best interest of the child under Ind. Code § 31-17-2-8, applying 8 statutory factors. Joint legal custody is permitted when parents agree or when…
- How does alimony work in Indiana?
Indiana is one of the most restrictive alimony states. The legislature has explicitly limited 'maintenance' to three narrow categories under Ind. Code § 31-15-7-2: (1) incapacity…
- How is child support calculated in Indiana?
Indiana uses an Income Shares model under the Indiana Child Support Rules and Guidelines, authorized by IC 31-16-15. Both parents' weekly gross incomes are combined and matched to…
- How do I get a marriage license in Indiana?
Apply at the Indiana county clerk where one party resides, or in the county where the wedding will take place for non-residents (Ind. Code § 31-11-4-1). Fees are $18 for…
- How do I establish paternity in Indiana?
Indiana parents may sign a Paternity Affidavit under Ind. Code § 16-37-2-2.1, which establishes paternity with the force of a court judgment. Court actions proceed under Ind. Code…
- How does the adoption process work in Indiana?
Indiana adoptions are governed by I.C. 31-19. A birth-parent consent under I.C. 31-19-9-2 may be signed any time after birth but is generally not effective until at least 48 hours…
- Are prenuptial agreements enforceable in Indiana?
Indiana adopted the UPAA at Ind. Code §§ 31-11-3-1 to 31-11-3-10. Prenups must be in writing and signed; consideration is the marriage. The challenger must prove involuntariness…
- How do I get a restraining order in Indiana?
Indiana's Civil Protection Order Act (Ind. Code § 34-26-5) covers DV, stalking, and sex offense victims. Workplace Violence Restraining Orders fall under § 34-26-6, and red-flag…
Criminal (9)
- What are OWI penalties in Indiana?
Indiana calls it OWI (Operating While Intoxicated) under IC 9-30-5. The BAC limit is .08 (.04 commercial, .02 under 21). A first OWI is typically a Class C misdemeanor (up to 60…
- How do I get a concealed carry permit in Indiana?
Indiana became a permitless carry state in July 2022 under HEA 1296 (codified at I.C. § 35-47-2-1.5). Adults 18+ not prohibited from possessing a handgun may carry without a…
- What are the search warrant requirements in Indiana?
Indiana search warrants are governed by Ind. Code § 35-33-5-1 et seq. A sworn affidavit of probable cause must be presented to a judge. § 35-33-5-7 codifies knock-and-announce…
- Can I legally record a phone call or conversation in Indiana?
Indiana is a one-party consent state under Ind. Code § 35-33.5-1-5 and § 35-31.5-2-176. A party to the conversation, or someone with consent of one party, may record. Unauthorized…
- How does bail work in Indiana?
Indiana governs bail under Ind. Code §§ 35-33-8-1 to 35-33-8-11. Bail is presumed except murder/treason. Initial hearing within 48 hours of arrest. Cash, surety, 10% deposit, and…
- How does plea bargaining work in Indiana?
Indiana plea procedure is governed by Ind. Code § 35-35-1 and § 35-35-3. Guilty pleas are routine; nolo contendere is not used. Plea agreements are binding on the court once…
- How do I sue police for misconduct in Indiana?
42 U.S.C. § 1983 is the federal vehicle. Indiana has not abolished QI and has no parallel civil-rights act. The Indiana Tort Claims Act (IC 34-13-3) gives broad immunity for…
- When can a private citizen make a citizen's arrest in Indiana?
Under Ind. Code § 35-33-1-4, any person may arrest another when (1) the other committed a felony in the arrester's presence, (2) a felony has been committed and reasonable cause…
- What pretrial diversion or drug court programs exist in Indiana?
Indiana offers prosecutor diversion under IC 33-39-1-8 (misdemeanors and Level 6 felonies), conditional deferral under IC 35-38-1-1.5, problem-solving courts (drug, veterans…
Housing (8)
- What are tenant rights in Indiana?
Indiana has no security deposit cap, requires return within 45 days, allows a 10-day pay-or-quit notice for nonpayment and 30-day notice for month-to-month termination, and…
- What is the eviction process in Indiana?
Indiana requires a 10-day notice for nonpayment under Ind. Code § 32-31-1-6 and a reasonable notice for breach. Landlord files an eviction suit in the small claims division of the…
- What must a home seller disclose in Indiana?
Indiana Code § 32-21-5 requires owners of residential 1-4 unit property to deliver a Sales Disclosure Form covering foundation, roof, basement, plumbing, electrical…
- How do I dispute a security deposit return in Indiana?
Indiana landlords must return the deposit within 45 days of move-out (IC 32-31-3-12) along with an itemized written list of damages and the supporting cost breakdown. Failure to…
- How do I dispute an HOA assessment or fine in Indiana?
Indiana governs HOAs under the Homeowners Association Act (Ind. Code § 32-25.5) and condos under the Horizontal Property Law (§ 32-25). HOAs must provide notice and opportunity to…
- What is the eviction process in Indiana?
Indiana uses a Possessory Action under Ind. Code §§ 32-30-2 et seq. and 32-31-1 et seq. Nonpayment requires a 10-day notice to quit (Ind. Code § 32-31-1-6); no-cause…
- What can I do if my landlord won't fix uninhabitable conditions in Indiana?
Indiana Code § 32-31-8-5 imposes habitability duties; tenants may sue for damages and injunctive relief but have no statutory repair-and-deduct or rent withholding. Self-help is…
- How do I resolve an easement or boundary dispute in Indiana?
Indiana adverse possession requires 10 years (Ind. Code § 32-21-7-1) plus payment of taxes for the 10-year period (Ind. Code § 32-21-7-1, the 2006 amendment). Prescriptive…
Estate (8)
- How do I make a valid will in Indiana?
Indiana requires the testator to be 18+ (or in armed forces or a merchant marine) and of sound mind (I.C. § 29-1-5-1). The will must be signed by the testator and 2 competent…
- How do I create a power of attorney in Indiana?
Indiana did NOT adopt the UPOAA. POAs are governed by Ind. Code §§ 30-5-1-1 to 30-5-10-4 (Indiana Power of Attorney Act). POA must be signed by the principal and acknowledged…
- How does probate work in Indiana?
Indiana probate typically takes 6-12 months under Ind. Code Title 29. Indiana has not adopted the UPC. Small-estate affidavit is available for gross probate estates up to $100,000…
- Can I disinherit my spouse or child in Indiana?
Indiana grants a surviving spouse an election to take against the will of one-half of the net estate if no descendants, or one-third if descendants, under Ind. Code § 29-1-3-1…
- How do I petition for guardianship or conservatorship in Indiana?
Indiana uses 'guardian of the person' and 'guardian of the estate' under Ind. Code § 29-3 for both incapacitated adults and minors. Clear and convincing evidence required. Indiana…
- How do I create an advance healthcare directive in Indiana?
Indiana recognizes Living Will Declaration (Ind. Code § 16-36-4), Health Care Representative Appointment (§ 16-36-1), Psychiatric Advance Directive, and POST. Two adult witnesses…
- How do I file a quitclaim deed in Indiana?
Indiana quitclaim deeds need grantor signature and notarial acknowledgment (Ind. Code § 32-21-1-13, § 32-21-2-3); no witnesses required. Record with the county Recorder. Indiana…
- What is the homestead exemption in Indiana and how do I claim it?
Indiana's creditor homestead is $22,750 per debtor / $45,500 joint (Ind. Code § 34-55-10-2(c)(1), indexed). Property-tax Standard Deduction (Ind. Code § 6-1.1-12-37) is $48,000…
Traffic (6)
- How do I fight a parking ticket in Indiana?
Indiana parking tickets are governed by IC 9-21-16 and city ordinances. Indianapolis uses the City-County Ordinance Violations Bureau with a 7-30 day contest window. Other cities…
- How long do I have to register a vehicle in Indiana?
Indiana gives new residents 60 days to register under IC 9-18.1-2-1. Purchased vehicles must be titled within 45 days. Documents include title, valid ID, proof of insurance…
- How do I get my driver's license reinstated in Indiana?
Indiana BMV charges $150–$500 reinstatement fees depending on suspension type (Ind. Code § 9-29-10). After OWI, SR-22 is required for 3 years, and Specialized Driving Privileges…
- How do I fight a speeding ticket in Indiana?
Indiana drivers can pay, plead in city/town/superior court, or contest at trial under IC § 9-21-5. Most speeding is a Class C infraction; reckless driving (IC § 9-21-8-52) is a…
- What are the open container laws in Indiana?
Indiana Code § 9-30-15-3 prohibits the operator from possessing an open container of alcohol in the passenger compartment of a motor vehicle on a public highway. Class C…
- What happens if I get an OWI in Indiana?
Ind. Code § 9-30-5-1 (called OWI - Operating While Intoxicated) sets per se at 0.08% BAC (0.04% commercial, 0.02% under-21). First OWI is a Class C misdemeanor (up to 60 days…
Civil Procedure (4)
- What is the small claims limit in Indiana?
Indiana small claims court hears cases up to $10,000 (Marion County: $8,000) under IC 33-29-2-4 and IC 33-34-3-2. Filing fees are $35-$110. Lawyers may appear. Either party may…
- What is the statute of limitations in Indiana?
Indiana civil limitations: personal injury 2 years (I.C. § 34-11-2-4), written contract 6 years for unwritten promissory notes/10 years for written contracts (I.C. § 34-11-2-9…
- Can I get out of jury duty in Indiana?
Indiana requires US citizens, 18+, county residents under Ind. Code § 33-28-5-18. A prospective juror at least 75 years of age may be exempted from jury service by notifying the…
- How do I legally change my name in Indiana?
File a Verified Petition for Change of Name in the circuit court of your county (Ind. Code § 34-28-2-1), pay approximately $157 in filing fees, publish notice in a newspaper once…
Business (1)
Personal Injury (1)
Bankruptcy (1)
Civil Rights (1)
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.