CASE_FCFCU KB

Attorney Intake – Emergency Relief & Settlement (One Page)

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Attorney Intake – Emergency Relief & Settlement (One Page)

Client: Cody Rice-Velasquez (pro se to date)
Case: Financial Center First Credit Union v. Cody Rice-Velasquez, et al.
Cause No.: 49D03-2501-MF-002559
Court/Judge: Marion Superior Court 3 / Judge Gary L. Miller
Primary Goal: Immediate stay to protect property + negotiate cash settlement / relocation support; restore access for staged retrieval.

Snapshot

  • Default foreclosure judgment: May 28, 2025
  • Sheriff sale: Aug 15, 2025
  • Writ of assistance ordered: Nov 6, 2025
  • Writ executed / removal: Dec 9, 2025
  • Core claim: Judgment is void ab initio due to lack of personal jurisdiction (defective service). Alternative: excusable neglect.
  1. Improper service / lack of jurisdiction
    • Sheriff returns indicate “copy left and mailed,” but I did not receive personal service or meaningful notice.
    • Challenge under Indiana Trial Rules (service requirements) + due process adequacy under circumstances.
  2. Emergency relief needed
    • Property remains inside; immediate risk of disposal/damage.
    • Need temporary stay pending ruling/hearing.
  3. Disability + notice reliability
    • ADHD, anxiety, delayed auditory processing/executive dysfunction affect ability to process irregular notice; strengthens argument that failure to mail was fatal (and supports alternative TR 60(B)(1)).

What Has Been Filed (12/10/2025)

  • Motion to Vacate Void Judgment (TR 60(B)(6) + alternative TR 60(B)(1))
  • Emergency Motion to Stay Writ of Assistance (property protection + access)
  • Proposed Orders: (1) temporary stay; (2) vacate judgment
  • Exhibits A–G: service/returns + docket items + ADA/AES materials (organized into one combined PDF)

Relief Requested

  • Immediate temporary stay of writ enforcement and protection of personal property
  • Reasonable access window (multi-week retrieval plan; no truck/limited support)
  • Vacate default judgment (primary) or relief under TR 60(B)(1) (alternative)

Settlement Posture

  • Prefer rapid resolution: cash relocation support + access window + releases (and credit reporting remediation if feasible).
  • Initial target: $20,000 relocation assistance (negotiable depending on access terms, timing, and releases).

What I Need from Counsel (ask)

  • Immediate appearance + emergency hearing push (and/or agreed stay)
  • Negotiate settlement with plaintiff counsel
  • Evaluate additional claims: wrongful lockout/possession issues, ADA Title II/III angles, state tort claims (conversion of property), and any federal procedural due process leverage.

Contacts

Cody: crice4485@gmail.com | 317-205-4383
Mailing: 3137 Melbourne Rd Dr S, Indianapolis, IN 46228
Property: 4817 Shadow Pointe Dr, Indianapolis, IN 46254
Plaintiff counsel: Michael E. Farrer (and Felix O’Neill Rippy)

Note: I have extensive documentation (receipts, messages, logs, camera footage via Wyze SD cards). I can provide an evidence index upon request.

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