Procedural Failure Map (One-Pager)

What Must Exist before a Sheriff Can Forcibly Remove an Occupant (foreclosure context)

End-state event: Sheriff executes a Writ of Assistance (forcible possession/removal).

Minimum procedural chain (dependency order):

1. Foreclosure lawsuit filed (complaint + summons issued).
2. Valid service of process completed (personal jurisdiction attaches).
3. Judgment/Decree of Foreclosure entered (often default if no appearance/answer).
4. Sheriff’s sale conducted pursuant to judgment (purchaser identified).
5. Petition/Motion for Writ of Assistance filed by purchaser/PLAINTIFF (seeking possession).
6. Court issues Writ of Assistance (judge-signed order directing Sheriff to dispossess occupants).
7. Sheriff executes the writ (removal / lockout / possession transfer).

Primary Failure point Asserted in This case

A) Service Defect → No Personal Jurisdiction → Judgment VOID → Writ Invalid

• If service did not comply with Indiana Trial Rule 4.1(B) (copy service requires mailing), then personal jurisdiction never attached.
• Void judgment cannot support downstream enforcement (sale, writ, removal).

B) Post-Removal Harms / Negligence → Material Damages Exposure

• Unjust Enrichment/Conversion: Continued utility billing in Defendant’s name after exclusion.
• Gross Negligence: Leaving the premises unsecured/open in freezing weather, resulting in burst pipes, standing water, and mold infestation.
• Conversion/Trespass to Chattels: Unplugging personal electronics and appliances (mini-fridge), leading to property destruction and spoilage.
• Failure to Mitigate Defense Defeated: Repeated denial of access prevents any mitigation of these ongoing harms.

Active Countermeasures Filed by Defendant

B) Trial Rule 60(B) Attack + Emergency Stay Request (status: pending)

• Motion to Vacate Void Judgment (TR 60(B)(6) and alternative 60(B)(1)).
• Emergency Motion to Quash/Stay Writ of Assistance + Protect Property (seek immediate halt + access).

Practical “Court-Ready” Framing

The Court Should Evaluate:

1. Was service legally completed?
2. If not, did the court lack jurisdiction?
3. If jurisdiction failed, is the judgment void as a matter of law?
4. If judgment void, can the writ/removal stand?

Evidence Checklist (high leverage)

• Sheriff Returns (service records) + any “mailing” line(s).
• Docket entries (judgment date; writ issuance date).
• Sheriff’s sale record and deed.
• Petition for writ + certificate of service.
• Defendant’s affidavit and disability accommodation notices.
• Timestamped emergency filings showing pending relief at/near removal.

Requested Relief (clean list)

• Vacate default judgment as void.
• Quash or stay writ enforcement.
• Preserve property / prohibit disposal.
• Grant access window to retrieve belongings.
• Expedited hearing.