COA dismisses credit card debt appeal

Category: Credit Card Debt Published: Sunday, 28 February 2016 Written by Super User

The Indiana Court of Appeals dismissed a womans appeal of a default judgment entered against her regarding credit card debt because she did not file an Ind. Trial Rule 60(B) motion for relief.

Carrie Greer owed Discover Bank approximately $15,000 in credit card debt. The company had the Morgan County Sheriffs Department serve her with copies of the summons and complaint, but she did not appear or otherwise answer the complaint. After she received a copy of the default judgment against her in the mail, she requested a stay of the default judgment to pursue an appeal. The trial court granted the motion.

Greer maintained that she was not adequately served with the summons and complaint, so the default judgment against her is void. Discover Bank countered that she did not properly preserve her arguments for appellate review because she did not first file with the trial court a Trial Rule 60(B) motion for relief from judgment.

Since she did not, her appeal is not properly before the Court of Appeals, Judge Edward Najam wrote in Carrie A. Greer v. Discover Bank, 55A01-1509-CC-1488, citing Siebert Oxidermo, Inc. v. Shields, 446 NE2d 332, 337 (Ind. 1983).

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