August 19, 2014
Marion Circuit Court Releases Order on Transferrence of Consumer Debt Cases
On July 2, the Seventh Circuit Court of Appeals of the United States ruled in Suez v. Med-1 Solutions that all consumer debt cases must be filed in the township of the defendant's residence or the place of contract.
Due to this ruling, the Marion Circuit Court released an order to Marion County Small Claims Courts to transfer all consumer debt cases, regardless of their procedural status, to their proper townships. The order notes that there are a number of consumer collection cases pending in a township that is neither the defendant's residence nor place of contract.
The order outlines the following procedure for Marion County Small Claims Courts:
1. The Movant files a Motion to Transfer, serving a copy of the same on all parties and/or attorneys of record; and
2. The proposed transferee Court is in the township where the defendant currently resides or the township which was the place of contract; and
3. The Movant pays a redocketing fee to be forwarded to the transferee Court;
The Court further Orders that the respective Small Claims Court judges may rule on such motions without a hearing.
To read the full order released, click here.