HEARING HANDOUT: DEFENDANT’S SUMMARY OF FACTS
Hearing Date: January 9, 2026 Case: FCFCU v. Rice-Velasquez | 49D11-2501-MF-00xxxx Defendant: Cody Rice-Velasquez, Pro Se
1. JURISDICTIONAL OBJECTION (TR 60(B)(6))
The Judgment is VOID ab initio.
- The Defect: Plaintiff failed to serve the Complaint at the Defendant’s dwelling house or usual place of abode as required by Trial Rule 4.1.
- The Fact: Service was attempted on a third party at an office building, not the Defendant’s residence.
- Legal Consequence: In the absence of personal jurisdiction, this Court has no discretion; the judgment must be vacated. Stidham v. Whelchel, 698 N.E.2d 1152 (Ind. 1998).
2. THE FORENSIC ACCOUNTING FAILURE
Plaintiff’s accounting contains $10,630.35 in “Strategic Overcharges.”
| Issue | Plaintiff Claim | Forensic Reality | Impact |
|---|---|---|---|
| Interest | $10,725.27 | $7,384.05 | $3,341.22 Overcharge |
| Fall 2025 Taxes | $7,681.00 (Total) | $2,951.94 (Delinq) | $4,729.06 Premature Charge |
| Pub/Admin Fees | $1,094.35 | $284.28 | $810.07 Discrepancy |
| Attorney Fees | $4,750.00 | $3,000.00 | $1,750.00 Over Sworn Limit |
Total Hidden Surplus: $10,630.35 Plaintiff artificially inflated the judgment debt to effectively “zero out” the equity that should have been returned to the Defendant as a surplus under IC 32-30-10-14.
3. PROCEDURAL BAD FAITH & ABUSE OF PROCESS
- The “Unknown Occupant” Deception: On Oct 29, 2025, Plaintiff swore to this Court that the occupants were “unknown” to justify a Writ of Assistance. This was a bad-faith tactic to avoid a standard eviction proceeding and the associated notification rights.
- The 33-Day Writ Delay: The Court ordered a return of the Writ within 5 days (Nov 6). Plaintiff waited 33 days to execute the removal (Dec 9). This delay proves there was no “emergency,” but rather a tactical decision to displace the Defendant during winter without warning.
4. IMPACT & UNCONSCIONABILITY
- Homelessness: Defendant is currently homeless and living in a vehicle in sub-freezing temperatures due to the illegal 12/9 removal.
- Destitution: Plaintiff’s withholding of the $10,000+ surplus has deprived the Defendant of the funds required to secure stable housing.
- Request for Relief: defendant respectfully requests the Court to:
- Vacate the default judgment for lack of service.
- Order the immediate return of the $10,630.35 in overcharged equity as a temporary emergency measure.
- Sanction Plaintiff for the “Unknown Occupant” misrepresentation.
”RECONCILIATION AT A GLANCE”
- Plaintiff Per Diem: $27.45 (Sworn by Plaintiff)
- Days from Judgment to Sale: 269
- The Truth: 7,384.05** (Not $10,725.27)
- The Question: Where did the Plaintiff get the extra $3,341.22?