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Attorney: Marion County small claims 'forum shopping' problems persist

Dave Stafford
February 27, 2013
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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.

Daniel Edelman of Edelman Combs Latturner & Goodwin LLC has brought the suits in the U.S. District Court for the Southern District of Indiana. The suits allege that collections companies engaged in practices of filing actions in a particular township court against defendants who neither lived in the township nor signed contracts in the townships where the collections actions were filed.

New small-claims court rules were announced in October and take effect in March, though courts have already implemented some of the changes.

“I have been informed of instances (of forum shopping) by various local attorneys,” Edelman said. He said it wasn’t clear whether new rules for township courts have had an impact on forum shopping.

“Our viewpoint was forum shopping could have been prohibited all along. All that was necessary was to enforce the federal restriction,” Edelman said.

The suits filed by Edelman are brought under the Fair Debt Collection Practices Act. The act allows class-action suits that may recover a maximum of actual damages suffered by class members plus the lesser amount of 1 percent of the net worth of defendants or $500,000. Individual litigants may recover up to $1,000 plus actual damages.

Settlements are pending court approval in two suits. Under terms of one proposed settlement, allegations of forum shopping would cost one set of defendants $43,000 in damages plus payment of plaintiffs’ legal fees. Another collections defendant would pay just over $2,700 in damages and $7,000 in attorney fees and costs.

The more sizeable proposed settlement is in Richard O. Bovey v. Medshield Inc., Jacob, Hammerle & Johnson, LLC, Derek F. Johnson, Jeffrey S. Jacob and Christopher Hammerle, 1:12-CV-728-DML. Richard Bovey’s suit alleges he is a Lawrence Township resident who incurred a medical debt in that township but was sued in Decatur Township.

The proposed settlement filed Jan. 17 calls for payment to anyone sued by any of the defendants in this case in a Marion County Small Claims Court from May 25, 2011, to June 8, 2012. According to the proposed settlement, Bovey will receive $4,500; four additional plaintiffs will receive $1,000 each; and $21,000 will be paid to a class fund. The settlement stipulates that the class fund represents 88 percent of the possible recoverable amount.

Defendants in Bovey identified about 7,100 class members. Plaintiff’s counsel estimates 10 percent of class members will submit a claim, in which case the payment per claimant would be about $30. The settlement includes plaintiff’s attorney fees and costs totaling $13,500.

In Theon C. Parker v. Inland Collection Services, 1:12-CV-924-TAB, the defense proposes to settle with 29 class members defined as those Inland Collection Services sued in a Marion County Small Claims Court between July 8, 2011, and Oct. 5, 2012. Theon Parker’s suit alleges that he is a resident of Hendricks County who was sued for a medical debt incurred in Pike Township, but the matter was filed in Decatur Township.

Under the proposed settlement filed Jan. 16, Parker and another named plaintiff would receive $1,000 each and the class members would be mailed checks in the amount of about $27 from a class fund of $729. The proposed class fund represents 100 percent of the possible recoverable amount under FDCPA. Defendants also would pay $7,000 in attorney fees and costs.

Edelman has brought similar actions involving collections filings in Franklin, Perry and Pike township courts.

Attorney Peter Velde of Kightlinger & Gray LLP in Indianapolis defended both suits in which settlement offers are pending as well as two other FDCPA actions brought by Edelman’s firm. Velde declined to comment on the pending settlements or similar litigation.

Defendants in both settlement proposals deny liability.•

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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