The cases are Weldon v. Asset Acceptance, LLC, 896 N.E.2d 1181 (Ind. Ct. App. 2008) and Meyer v. National City Bank, No. 44A03-0808-CV-391 (March 31, 2009). There is no need to get into the facts of the cases or the legal intracacies. I’ll just tell you what they mean for Indiana consumers.

The Weldon case makes it very difficult for Indiana consumers to challenge an arbitration award. First, and this is critically important, the challenge must be filed within three months after the award is “filed or delivered.” What “filed or delivered” means apparently will depend on the rules of the entity agreed-upon (allegedly) to conduct the arbitration. In Weldon’s case, it was the mailing of the award by U.S. Mail. Proof of receipt of the mailing is not required. This means that, as Weldon alleged in his case, the time to challenge the arbitration award could expire before the consumer has any idea that an arbitration was ever filed! If that happens, under the Weldon decision, the consumer is simply out of luck

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Credit Card arbitration awards must be challenged within three months

Technorati Tags: arbitration awards, credit cards, debt, Indiana law

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Fair Debt Collection Practices Act overview

Technorati Tags: Fair Debt Collection Practices Act

The Plaintiff’s complaint in Ricobene v. JP Morgan Chase Bank and Universal Tracing Services, Cause No. 2009-L-004397, filed April 13, 2009 in the Cook , Illinois Circuit Court alleges that skip tracer left a threatening message on the Myspace page of the Plaintiff’s daughter:

Gina Ricobene

Dear Ms. Ricobene

We have been retained by, JPMorgan Chase Bank, to locate and repossess their missing collateral a 2007 Mercedes GL450. Please contact our office immediately so we can discuss the peaceful recovery of the collateral. Failure to contact me will result in further action against your father James Ricobene. Legal options range from having a replevin order served on you or even worse reporting the collateral as stolen to local authorities in Illinois under the A.R.S. act 18-5-504. Failure to comply with this notice of surrender is a class 5 felony and carries a maximum penalty of imprisonment for two years plus all applicable surcharges. You must contact the writer within 5 days to prevent this action from taking place. You can contact me directly at 800-667-7704 ext 222 or directly at 604-267-1581 ext 222.

Awaiting your immediate response.

Chris Flanagan
Senior investigator.

The complaint states that the Myspace page wasn’t the debtor’s page, that the daughter had no interest in the Mercedes, that a felony that doesn’t exist in Illinois was threatened in a civil matter, and that “in fact, it is not a crime to refuse to surrender collateral without a court order in Illinois.” See Plaintiff’s complaint, rhetorical paragraphs 6-14 for the facts.

Here’s the low down on damages requested:

Count I of Plaintiff’s complaint alleges libel requests damages in the amount of $50,000, plus punitive damages, plus costs.

Count II of Plaintiff’s complaint alleges invasion of privacy requests damages in the amount of $50,000, plus punitive damages, plus costs.

Count III of Plaintiff’s complaint alleges consumer fraud act requests damages in the amount of $50,000, plus punitive damages, plus costs.

It’s amazing that these types of consumer debtor abuses happen in these days when the Fair Debt Collection Practices Act and other laws make these types of debt collection practices a lighting-rod for consumer protection lawsuits.

Link to Cook County’s electronic docket: 2009-L-004397

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Skip Tracer and Bank Sued For Threatening On Myspace

Technorati Tags: consumer fraud, consumer protection, debt collection, invasion of privacy, libel

The Indiana Court of Appeals held that the defendant was entitled to a probation revocation hearing that afforded him proper due process.

Sobuh was entitled to a probation revocation hearing comporting with the requirements of due process. Moreover, to the extent that his failure to oppose the State’s allegation could be considered an admission, Sobuh at best admitted to conduct outside the probationary period.

…

Because the sole pending allegation against Sobuh was that he committed conduct that occurred before the commencement of his probationary period, the trial court could not properly revoke his probation on this basis. See C.S. v. State, 817 N.E.2d 1279, 1281 (Ind. Ct. App. 2004) …

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Procedural Due Process Issue Key In Probation Revocation Case

Technorati Tags: criminal law

From the Indiana Lawyer:

The Indiana Supreme Court has announced its second training session for attorneys, judges and mediators to learn how to handle foreclosure cases, including through pro bono representation. A one-hour CLE, “The Perfect Storm: Foreclosures Leave Many Adrift,” will be at 5:30 p.m. March 18 at Jedi’s Restaurant, 444 Ridge Road, Griffith.

Writes the Indiana Supreme Court:

The Indiana Supreme Court is continuing its campaign to help stem the mortgage crisis through pro bono representation with a training session in Lake County.

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Mortgage Foreclosure Training Set For NW Indiana Judges & Attorneys

Technorati Tags: Indiana Supreme Court, Lake County, Lake County Bar Association, mortgage foreclosure

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Kathy Sipple Spreads The Word About Twitter On WBEW

Technorati Tags: nwitweetup, social media, Twitter, Vocalo.org

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Google Announces Interest Based Ads

Technorati Tags: Google, interest based ads, privacy policy

Some questions to discuss:

Have we hit the bottom yet?

Has the banking system stabilized?

How will increasing unemployment affect any recovery plans?

Will the housing market improve?

How do we fix this mess?

Here’s one view on how long the recession will last:

Video: Nouriel Roubini on how long the recession will last

Links: Nouriel Roubini’s blog and Nouriel Roubini’s homepage.

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How long will the recession last?

Technorati Tags: economy, Nouriel Roubini, recession

By Jonathan Jarvis

The Crisis of Credit Visualized from Jonathan Jarvis on Vimeo.

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The Crisis of Credit Visualized

Technorati Tags: credit crisis, economy, video

From the Indiana Lawyer:

Chief Justice John L. Murray will give the James P. White Lecture on Legal Education, “Educated Judges: Protectors or Monarchs? A European Perspective,” at 5 p.m. (March 10) in the Wynne Courtroom at the law school, 530 W. New York St. In his lecture, the chief justice will compare the European system with the American one. A reception will follow in the Connor Atrium.

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Ireland’s Supreme Court Chief Justice To Visit Indiana

Technorati Tags: Indiana Supreme Court, Indiana University School of Law, Indianapolis, Irish Supreme Court