Are Marion County Township courts “judicial districts” under the Fair Debt Collection Practices Act, thus allowing a man to sue a debt collector for bringing an action in an inconvenient township court? Depends on who you ask on the 7th Circuit Court of Appeals, as the majority ruled in favor of the debt collector Thursday.
Problems with Marion County’s Small Claims courts are by now well-documented. After the Wall Street Journal took note of forum shopping, creditors’ cozy relationships with some courts and other lax practices, Court of Appeals Judge John Baker and Senior Judge Betty Barteau issued a report advocating reform.
An attorney’s report examining more than 7,700 lawsuits filed by an Indianapolis-based trucking school in just two Marion County township small-claims courts alleges systemic abuses that resulted in thousands of judgments against people who may never have stepped foot in the county or the state.
What’s been called the state’s busiest court will stay in the City-County Building in Indianapolis, the Indiana Supreme Court ordered Friday, blocking the Center Township trustee’s bid to relocate the court to a location on Fall Creek Parkway.
A federal judge has ruled that Marion County collections cases need not be filed in the township where a defendant lives or a contract was signed, a key ruling regarding a practice criticized as “forum shopping.”
A business’s argument that it should have been served with a separate notice of a small claims action was rejected by the Indiana Court of Appeals Friday.
A man who prepaid into an account to be used when he rented planes to fly is entitled to a refund of $1,755.88 from a company offering flight instruction and rentals, the Indiana Court of Appeals ruled. The judges rejected the company’s claims that the small claims court erred by ruling in the pilot’s favor.
A Chicago attorney who has filed at least six federal class-action lawsuits alleging collections companies engaged in “forum shopping” in Marion County Small Claims Courts said the practice appears to be continuing despite township court reforms announced last year.
Marion County’s busiest docket is at the center of a judge-trustee tug-of-war over location.
More reforms that could address “forum shopping” in Marion County Small Claims courts will be undertaken this month, the judge presiding over a review of township court operations said.
The Marion County Small Claims Task Force created by the Indiana Supreme Court has released its report outlining its investigation into problems within the county’s small claims courts. The report proposes three ways to address the problems, including incorporating the small claims courts into Marion Superior Court.
The Indiana Court of Appeals reversed judgment in favor of a tenant in a security deposit dispute, ruling that the landlord did deliver an itemized damages letter within statutory deadlines.
The Indiana Supreme Court has granted transfer to four cases, including two dealing with whether a trial court should assert exemptions in garnishment actions on behalf of pro se debtors.
A federal judge ruled in favor of an Indianapolis attorney involved in a class-action suit alleging he violated the Fair Debt Collection Practices Act. The judge granted summary judgment to the attorney after finding the class representative fell outside the class definition.
The Indiana Supreme Court has approved amendments to the Indiana small claims and trial procedure rules.
The Indiana Court of Appeals was divided on whether a trial court should assert exemptions in garnishment actions on behalf of debtors who aren’t represented by counsel.
The Indiana Court of Appeals reversed a trial court's dismissal of a woman's claims against her former tenants, finding the court misinterpreted a previous appellate ruling to support the dismissal.
The Indiana Court of Appeals affirmed the eviction of a renter and an award of damages in favor of her former landlord, but it reversed the amount of attorneys' fees she has to pay because the trial court's rationale in determining the amount was insufficient.