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Separate notice argument not enough to vacate small claims judgment

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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.

The appeals court affirmed a denial of KOA Properties LLC’s motion to set aside default judgment. In KOA Properties LLC v Laura Matheison, 48A04-1207-SC-365, the Court of Appeals ruled that KOA failed to establish the lower court abused its discretion by denying the business’s motion because the trial court did not have personal jurisdiction.

A default judgment for $4,300 plus court costs was entered against KOA in February 2012. In a dispute over a lease, Laura Matheison had filed a notice of small claim against “Todd Culp, KOA Properties LLC aka/Woodpoint.” The notice was sent by certified mail and Culp, owner and property manager of KOA, accepted it.

However Culp did not open the certified mail and neither he nor KOA appeared at the small claims hearing. The court subsequently entered a default judgment against Culp.

Culp successfully argued that he had been improperly named individually in the suit because KOA is an LLC. The trial court then vacated the judgment against Culp but refused to set aside the judgment against KOA because the business had not shown it had a “good and valid defense.”

KOA’s motion to vacate the default judgment was denied by the trial court. In its appeal, KOA asserted the small claims court did not have personal jurisdiction over KOA because the business was not listed as a separate party defendant on the notice of the claim and KOA was not separately served with the notice.  

The COA disagreed. It ruled KOA was listed as a separate defendant because the notice of the claim clearly included KOA as a party defendant, and the address listed on the notice of the claim was KOA’s address and Culp was the acknowledged owner and property manager of KOA.

Further the Court of Appeals observed that separate service would have been sent to the same address and directed to the same person, Todd Culp.

“We cannot agree with KOA that when Culp accepted the certified mailing addressed to ‘Todd Culp (KOA Properties LLC)’ at KOA’s business address there was a total failure to serve process on KOA,” Judge Ezra Friedlander wrote for the court. “… KOA was provided with service reasonably calculated to inform KOA that a small claims action had been instituted against it.”

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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