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Having Trouble in Small Claims as Defendant

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ApostleIan

Junior Member
The state in which the court hearings took place is Indiana however I reside in Illinois now with no reliable transportation to another state.

I lived in an apartment for 9 months before moving because of a work change as well as bad living environment. My landlord kicked me out of my apartment with no notice and left me homeless. I took that matter to small claims (won said case) and he lost about 1000 dollars before it was all said and done. Fast forward to me moving out: i inform the landlord/plaintiff that I am moving to Illinois with my dad. He files a lawsuit for back rent (I payed with cash per his request so I had no sort of receipts) in the amount of 1500 dollars. The summons is sent to an address I never lived at previously and I am unable to do anything as a result in defending myself. I find out about this case 2 years later only after seeing a public record on my credit report and call the court house to see what is going on. Before it is all said and done it turns out there is a writ of bodily attachment on me. I fax the judge a letter indicating I had absolutely no idea what this is and had no prior knowledge of the proceedings. Fast forward a few more months and I go before the judge on a motion to vacate the judgement. The judge tells me that a judgement can not be vacated because I have no proof of my paying the plaintiff, therefore an agreement is forced upon me to pay back money. I make no money as I am a stay at home college student going to school online. The judge tells me that online schooling is not a real thing, and I am just trying to avoid paying said fees. I agree to pay 50 dollars a month (which I do not have) which starts with me paying 50 dollars on the day of the court hearing which was on October 16th. A court order is then issued saying i pay every month until the judgement is fulfilled. My payment was received on the 31st of the next month however it was deemed "late" by the plaintiff despite the fact the court order never stated a specific date only that it was received in the month. I have been trying to find help during December but with the holidays it has been near impossible. I truthfully feel I am being wronged here in some way by being asked to come back to court when I have no possible way of getting there, and i need to know my legal rights because right now I am losing faith in the judicial system.
 


justalayman

Senior Member
a body attachment for a judgment? I suspect there is a bit more than you say but anyway...


He files a lawsuit for back rent (I payed with cash per his request so I had no sort of receipts)
the method of payment has nothing to do with receiving a receipt. I pay cash at the store a lot of the time. They give me a receipt every time. You failing to demand a receipt appears to be the problem.



Fast forward a few more months and I go before the judge on a motion to vacate the judgement. The judge tells me that a judgement can not be vacated because I have no proof of my paying the plaintiff, therefore an agreement is forced upon me to pay back money.

well, you did something wrong. Seeking to vacate the judgement not based on payment but rather due to it being a default judgment are two entirely different mattters:
http://www.in.gov/judiciary/files/owen-docs-sc-lr031006.pdf
Vacating a Default Judgment
The party against whom a default judgment has been entered may file a written request with the
court to have the default judgment vacated or set aside. Such a request must be filed with the court
within one (1) year of the date the judgment was entered. If the request is properly filed, the judge will
hold a hearing where the parties may appear. The party requesting the overturning of the default
judgment must show "good cause" for vacating the default judgment. If the judge does vacate the
judgment, the case will be scheduled for a new trial on the original claims of the parties.
If the one (1) year period has passed, the party seeking to set aside the default judgment can file
an action to reverse the original judgment only by following Trial Rule 60(B) of the Indiana Rules of
Trial Procedure. This action would best be accomplished with the help of a lawyer.


I agree to pay 50 dollars a month (which I do not have) which starts with me paying 50 dollars on the day of the court hearing which was on October 16th. A court order is then issued saying i pay every month until the judgement is fulfilled. My payment was received on the 31st of the next month however it was deemed "late" by the plaintiff despite the fact the court order never stated a specific date only that it was received in the month
you have an arguable point BUT common sense should have led you to believe your payment date is the 16th.



I truthfully feel I am being wronged here in some way by being asked to come back to court when I have no possible way of getting there, and i need to know my legal rights because right now I am losing faith in the judicial system.
well, the truth is the system is working just as it should. If everybody said they couldn't make it to court for whatever reason the entire process would grind to a halt. Your legal rights are to either show up to court or seek an extension if you have a valid reason...and travel difficulties are rarely a valid reason, especially since it appears it is not an emergency situation but a long term condition.

Not sure why the guy it taking you back to court. I suspect it is to remove the payment plan and demand payment in full. I suspect you need to figure out how to get to court so you can at least argue the "once a month payment" is interpreted by you as once each calendar month, which it appears you have met.

but, you have not said if you paid decembers payment. If not, you have no argument. It's a lost cause. You should still attend to attempt to minimize the negative repercussions to you.
 

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