Attorney Intake Summary: FCFCU Violation of Rights
Matter: FCFCU v. [Plaintiff] (49D03-2501-MF-002559)
Status: Post-Removal / Preliminary Relief Pending / Active Federal Theory Development
Internal Exposure Anchor: $3,177,130.00
Executive Snapshot
This case involves the systematic deprivation of property and civil rights through the execution of a void judgment, compounded by willful ADA non-compliance and systemic FCRA misreporting. The Plaintiff, a tax professional with a documented disability, was forcibly removed from their primary residence and office without 48-hour notice or a lawful writ predicate, resulting in geographic displacement and severe professional revenue loss.
Primary Liability Pillars
1. Jurisdictional & Due Process Voidness ($975k)
- Defect: Failure of service and entry of default judgment without notice.
- Result: The underlying foreclosure judgment is void ab initio.
- Leverage: §1983 state-action exposure due to the use of law enforcement to execute a procedurally defective removal.
2. ADA Procedural Exclusion ($640k)
- Defect: Adverse party and court officers were repeatedly notified of Plaintiff’s disability and communication needs.
- Breach: Total refusal of written accommodation and failure to engage in the interactive process.
- Compounding: Removal was executed on a person with known cognitive and auditory limitations during a high-stress event without accommodation.
3. FCRA Systemic Misreporting ($515k)
- Defect: Continuous reporting of “Foreclosure” and “Delinquency” after judgment was challenged and while underlying facts were in dispute.
- Impact: Financial strangulation that prevented obtaining local replacement housing or bridge credit, forcing displacement to Evansville.
4. Strategic Economic Harm ($420k - Forced Relocation)
- Causation: Unlawful removal + Credit blockage → Forced geographic exile.
- Harm: Severance of Indianapolis market access during Q1 tax season; technical bottlenecks preventing remote professional work.
Objective Damage Components
- Property Loss ($215k): Conversion and spoliation of camera evidence; burst pipes and property neglect post-removal.
- Survival Conditions ($255k): Documented housing instability in unsafe/unsanitary conditions (roach-infested motels).
- Consequential ($110k): Foreseeable harm to third-party legal investments (asylum cases) and dependents.
Counselor Recommendation
The case is currently supported by a high-density evidence locker (150+ exhibits). We seek co-counsel to finalize federal filing or lead settlement negotiations. The adverse party (FCFCU) faces significant institutional risk regarding board-level reputational damage and regulatory oversight (NCUA/CFPB).
Contact: [Internal Case Management Team]