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COA: Serving notice on an adult's parents isn't adequate

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The Indiana Court of Appeals has ruled that a trial court can’t serve notice on the home of someone’s parents if that adult doesn’t live there and expect that to serve as adequate notice for the party to appear in court.

A 12-page ruling came from the appellate court today in Jim Norris v. Personal Finance, No. 27A04-1104-SC-183 reversing a decision by Grant Superior Judge Warren Haas.

The case involves a personal loan that Personal Finance granted to Jim Norris in 2008 but that he failed to pay back. In the loan documents, Norris listed his home in Swayzee, Ind., and listed his parents in Middleton, Ind., as references. The promissory note Norris signed didn’t require him to notify Personal Finance of any change in address, and he didn’t. After Norris stopped paying on the loan, Personal Finance filed a claim in small claims court in March 2010 and the sheriff’s office served a copy of the notice to his parents address by personal service and first-class mail.

Norris didn’t appear at the April 2010 hearing and a default judgment was entered against him. In February 2011, an attorney for Norris filed a motion for relief from judgment on grounds that the service of process at the parents’ Middleton address was inadequate because Norris didn’t live there. Norris’ attorney argued that the default judgment was void, but after a hearing the trial judge determined the parents had a duty to either inform Norris of the notice or make sure the trial court knew of address error.

On appeal, the three-judge appellate panel disagreed and found Indiana Trial Rule 4.16 doesn’t impose a duty on the parents and that the notice was insufficient. Specifically, the court looked at the trial rule that says, “Anyone accepting service for another person is under a duty to: 1) promptly deliver the papers to that person; 2) promptly notify that person that he holds the papers for him; or 3) within a reasonable time, notify the clerk or person making the service that he has been unable to make such delivery of notice when such is the case.”

Norris argued that Rule 4.16 applies only to those with authority to accept service for another person and that his parents didn’t have that authority. The appellate judges agreed, basing their decision on LaPalme v. Romero, 621 N.E. 2d 1102 (Ind. 1993) that held parents of a competent adult aren’t included on the list of those with automatic authority to accept service.

The court also found that just because Norris had knowledge of the action and hearing doesn’t grant the court personal jurisdiction, relying on a state Court of Appeals decision from 2001 that found a man hadn’t been adequately served notice even though he eventually received the summons from his parents.
 

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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