Legal Question in Civil Litigation in Indiana

Civil suit - co-signed for auto

1. If you take a person to small claims and win a judgement of $5100.00, and since I know they won't pay because of current broken promises to pay, am I able to collect the monies owed on my own, or does it take an attorney? I.e., intercepting tax returns or ganishing wages? 2. If a second cosigned loan is now due of $2500.00, should I pay it off and combine the suit, or do it separately? Could it even be included w/o paying it off yet? 3. What are the chances of getting the attorneys fees included - possible or not? Much appreciate your answer. Dont want to waste an attorneys time if not necessary.


Asked on 2/11/09, 2:12 pm

1 Answer from Attorneys

Re: Civil suit - co-signed for auto

Question 1. You can garnish but cannot intercept tax returns.

Question 2. You need to post additional facts, however, if the total of your claim exceeds $6000 you will not be able to use small claims, so you probably do not want to combine them.

Question 3. Attorneys fees are limited to siuations where there is a statute that allows for fees, a contract that allows for fees or fraud.

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Answered on 2/11/09, 2:16 pm


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