MOTION TO VACATE VOID JUDGMENT (TRIAL RULE 60(B)(6))
STATE OF INDIANA
) SS:
COUNTY OF MARION
IN THE MARION SUPERIOR COURT 3
CAUSE NO. 49D03-2501-MF-002559
FINANCIAL CENTER FIRST CREDIT UNION, ) Plaintiff, ) ) v. ) ) CODY RICE-VELASQUEZ, ) AMERICAN EXPRESS NATIONAL BANK, N.A., ) JP MORGAN CHASE BANK, N.A., ) Defendants. )
MOTION TO VACATE VOID JUDGMENT PURSUANT TO TRIAL RULE 60(B)(6)
Defendant, Cody Rice-Velasquez (“Defendant”), respectfully moves this Court to vacate the Default Judgment and Decree of Foreclosure entered on May 28, 2025, under Indiana Trial Rule 60(B)(6), on the grounds that the judgment is VOID for lack of personal jurisdiction due to defective service of process. In support, Defendant states:
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No valid service of summons was ever made upon Defendant.
The Sheriff’s Return filed March 5, 2025, contains no personal service, no delivery to anyone 16 or older, no certified mailing, and no proper completion of the summons return.
(Return merely states “copy left” with no valid compliance with Trial Rule 4.1.) -
The April 15, 2025 return suffers from the same defects. Neither return complies with Indiana Trial Rule 4.1(A). Defendant was never personally served nor served through a legally recognized method.
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Because Defendant was not properly served, this Court lacked personal jurisdiction over Defendant when it entered the Default Judgment on May 28, 2025.
A judgment entered without personal jurisdiction is void ab initio. -
Defendant did not receive notice of the foreclosure proceedings, the default judgment, or the sheriff sale until long after the judgment had been entered.
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Defendant suffers from disability-related impairments and had requested ADA assistance from other agencies during the same period. Defendant’s circumstances further prevented timely ability to receive, understand, or respond to any irregular or improperly served notices.
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Because service was defective, and because no proper service was ever perfected, the Default Judgment must be vacated as VOID under TR 60(B)(6). Courts have no discretion to leave a void judgment in place.
WHEREFORE, Defendant respectfully requests that this Court:
A. VACATE the Default Judgment and Decree of Foreclosure as VOID;
B. Reopen the case for further proceedings on the merits;
C. Declare that all subsequent enforcement actions—including the writ of assistance—are VOID;
D. Grant all further relief just and proper.
Respectfully submitted,
/s/ Cody Rice-Velasquez
Pro Se Defendant
Email: [your email]
Phone: [your number]