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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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