CASE_FCFCU KB

HEARING CHEAT SHEET

4 min read

HEARING CHEAT SHEET

Motion to Vacate / Set Aside Void Judgment
FCFCU v. Rice-Velasquez

1. WHAT THIS HEARING IS ABOUT (GROUNDING STATEMENT)

This hearing is not about the loan, money, hardship, or fairness.
This hearing is only about whether the Court ever acquired personal jurisdiction over me.

If jurisdiction never attached, the judgment is void.

2. OPENING SENTENCE (MEMORIZE)

When the Court asks “Go ahead” or “Why are we here?”:

“Your Honor, I am asking the Court to vacate a void judgment because service of process was never completed in compliance with Indiana Trial Rule 4.1(B), so the Court never acquired personal jurisdiction over me.”

Stop speaking after this unless prompted.

3. THE LEGAL RULE (SHORT AND BORING = GOOD)

If asked what rule applies:

“Indiana Trial Rule 4.1(B). When service is attempted by copy service, the rule requires two steps: leaving a copy at the dwelling AND mailing a copy by first-class mail. Both must occur and appear on the return.”

Key point:

“If either step is missing, service is incomplete and jurisdiction never attaches.”

4. THE FACTS (DO NOT FREESTYLE)

State these facts in this order:

  • I lived at the property continuously during the service period.
  • No summons or complaint was ever handed to me.
  • No mailing of the summons or complaint was ever received.
  • The sheriff’s returns show “copy left,” but no mailing as required by Trial Rule 4.1(B).
  • There is no clerk certificate or documented proof of mailing in the record.

Stop after the last bullet.

5. WHY THIS MATTERS (THE CONSEQUENCE)

If the Court asks “So what?” or “Why does that matter?”:

“Without completed service, the Court never obtained personal jurisdiction. A judgment entered without personal jurisdiction is void ab initio and must be vacated as a matter of law.”

Optional follow-up if needed:

“A writ of assistance cannot stand if the judgment it relies on is void.”

6. COMMON JUDGE QUESTIONS & SAFE ANSWERS

“The Return Says ‘copy Left and mailed.’”

“Respectfully, Your Honor, the return does not document a mailing date, method, or address, and there is no clerk certificate of mailing. Trial Rule 4.1(B) requires the mailing to actually occur and appear on the record.”

“Why didn’t You Respond sooner?”

“Because I never received notice of the case. Without service, there was nothing to respond to.”

Optional:

“That is precisely why Rule 4.1(B) requires both delivery and mailing.”

“Are You Asking the Court to Rule on the Merits today?”

“No, Your Honor. Only jurisdiction. I am asking that the void judgment be vacated so the case can proceed, if at all, with proper service.”

7. ADA / DISABILITY CONTEXT (ONLY IF NECESSARY)

Use only if the Court questions notice reliability:

“I have documented disabilities that make irregular or defective service especially unreliable, which is why the mailing requirement in Rule 4.1(B) is critical here. But even without that context, the rule was not followed.”

Do not expand unless asked.

8. CLOSING SENTENCE (USE THIS VERBATIM)

If the Court asks “Anything else?”:

“No, Your Honor. The record speaks for itself. I respectfully ask that the judgment be vacated as void for lack of personal jurisdiction.”

Stop speaking.

9. DO NOT SAY (VERY IMPORTANT)

Do NOT talk about:

  • Fairness or hardship
  • Loan terms or payment history
  • Bank misconduct
  • Sheriff conduct
  • Emotional impact (unless directly asked)

Those are real, but not today’s issue.

10. PHYSICAL SETUP (ADHD-SAFE)

On the table:

  • Court Binder (closed unless asked)
  • This cheat sheet (top page)
  • Pen

If overwhelmed:

  • Look down
  • Read the next section
  • Say only that

FINAL REMINDER

You are not “acting like a lawyer.”
You are explaining a procedural defect in the record.

That is enough.

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