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Woman evicted from apartment denied due process

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The Indiana Court of Appeals held that a woman was denied due process in small claims court when the court reporter presided over an initial hearing and ordered the woman to move out of her apartment.

Daniel Capps filed a small claims complaint against tenant Lisa Reynolds for ejectment, damages and rent. A trial date was set for Sept. 13, 2011. The complaint stated the claim would be heard by the court at a trial in Sullivan Superior Court.

No judge was present for the hearing; instead, it was conducted by the court reporter. No witnesses were sworn or evidence heard. The court reporter repeatedly said that evidence relating to the allegations would be heard later. The court reporter then gave Reynolds a pre-signed “initial hearing/judgment order” form requiring her to move out of the apartment.

At a damages hearing held by a judge Sept. 30, 2011, Reynolds was ordered to pay $975.

The appellate court was concerned that there was no transcript of the hearing and that the trial court judge, who was not present at the hearing, certified a statement of evidence for Reynolds from that hearing.

“It is an understatement to say that the hearing proceeded from the outset under the expectation that Capps was entitled to immediate possession of the premises,” wrote Judge Michael Barnes in Lisa Reynolds v. Daniel Capps, No. 77A05-1110-SC-567. “Even taking into account the informality of the small claims process, if the hearings on evictions are regularly conducted without a judicial officer present, we pointedly and directly express our concern and expect that situation to be remedied.”

The Sept. 13 hearing did not satisfy minimum due process requirements, including that a judge or someone authorized to do so preside over the hearing. Reynolds wasn’t allowed the opportunity to defend against the ejectment and then was given a pre-signed order. The judges reversed the trial court.

 

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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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