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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe Indiana Court of Appeals said an agreed judgment is not appealable and reversed a Marion Superior Court decision that ruled in favor of a woman who prolonged judgment in the court so she wouldn’t have to pay $850 in medical bills and fees.
Pamela Bails and Community Health Network entered in an agreement for her to pay Community $400.55 for debt she owed, plus $450 in attorney fees. Bails then proceeded to try to stall the proceedings by filing multiple motions to dismiss and had her case transferred from Decatur Township Court to Washington Township Court to Lawrence Township Court. Wage garnishment started and finished during this time, as Bails paid what she owed.
She then filed an appeal with the Marion Superior Court, seeking to end garnishment and have the agreed judgment set aside. Community did not show up the day of her hearing and subsequently the court ruled in favor of Bails for the full amount she paid.
Community filed a motion to correct error, saying it was never notified of the trial. It also said because the order had been entered upon an agreed judgment, it was not subject to appeal or modification. It requested the trial court vacate its order and reinstate the agreed judgment and garnishment order. No hearing was set, and the motion was deemed denied. Community appealed.
The COA said an agreed judgment, like the one entered into by Bails and Community, is not appealable, and the trial court should not have accepted jurisdiction in the first place. It reversed the judgment and restored the agreement between Bails and Community and remanded it for proceedings.
The case is Community Health Network v. Pamela D. Bails, 49A05-1512-PL-2059.
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