Lesson. A body attachment is a judicial tool that essentially operates as an arrest warrant for compelling a judgment debtor, who is in contempt, to appear in court. These writs may not issue until a prior “show cause” order to
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When Does The Defense Of “Laches” Apply?
Lesson. Laches, based on the maxim that equity does not aid those who slumber on their rights, does not apply to claims for the recovery of money (i.e. promissory note enforcement). The doctrine of laches may come into play in…
Marion County (Indianapolis) Sheriff’s Office Updates
Teena Willard, who essentially headed up the Marion County Civil Sheriff’s foreclosure division, retired in June. We wish Teena well.Lesley Lavender and Funke Idowu have taken over the reins. All emails must be sent to them at: MCSO-SheriffSaleRealEstate@indy.gov.The office is…
Plaintiffs Cannot Lock Down Defendants’ Assets By Simply Filing A Lawsuit
Lesson. As a general rule, a plaintiff cannot inquire about a defendant’s assets or seek a security bond until a judgment has been entered. Case cite. Busbin v. Excavator’s Transp. LLC, 2023 U.S. Dist. LEXIS 202598 (S.D. Ind. 2023)Legal…
Reminder: As A Defendant Lien Holder, Answer The Complaint To Protect Your Interests
My June 18, 2008 post No Answer To Complaint = No Lien On Property remains true over 15 years later.Irmscher Suppliers v. Capital Crossing, 887 N.E.2d 97 (Ind. Ct. App. 2008) illustrates how a defendant lien holder’s failure to…
IBJ.com: Owner Of 27-story Downtown Indianapolis Apartment Tower Faces $101M Foreclosure Lawsuit
Today’s Indianapolis Business Journal is reporting that the relatively new 360 Market Square building on the east side of downtown Indianapolis is the subject of a mortgage foreclosure action. Click here for a link to the article.This is the…
Another Indiana Decision Concerning Attorney’s Fees In A Foreclosure Action
Lesson. A claim for attorney’s fees should not be disproportionate to the amount in controversy. Case cite. Garber v. Blair, 224 N.E.3d 970 (Ind. Ct. App. 2023)Legal issue. Whether the trial court’s award of attorney’s fees was erroneous.Vital facts.…
Order Granting Receiver’s Motion For Turnover Of Funds Upheld
Lesson. Upon the entry of an order appointing a receiver, all assets of the entity over which the receiver is appointed become assets of the receivership estate. Case cite. Steingart v. Musgrave, 221 N.E.3d 725 (Ind. Ct. App. 2023)Legal…
In A Matter Of First Impression In Indiana, Court Of Appeals Upholds Award Of Punitive Damages In Fraudulent Transfer Action
Lesson. Parties to fraudulent transfer actions could face punitive damages.Case cite. Clary-Ghosh v. Ghosh, 223 N.E.3d 216 (Ind. Ct. App. 2023)Legal issue. Whether the trial court abused its discretion when it awarded punitive damages against Defendants in a fraudulent…
Notices of Sheriff’s Sales: Some Reminders
I received an email last week from the Marion County (Indianapolis) Sheriff’s Office advising that the real estate division “is making advancements in technology” that have led to a new notice of sheriff’s sale. Click here for the form in…