Ind. Allen Cnty. Civ. Local Rule LR02-TR55-07

A. General Requirements. In addition to the specific requirements set out below

in subsections B-G, a Motion for Default Judgment shall generally include the

following attachments and information:

1. Affidavit of Debt. The Affidavit of Debt shall include the following

information as known or requested by the moving party.

a. The default date;

b. The unpaid balance of the account; and,

c. Any fees, including attorney’s fees or late fees, separately

enumerated.

2. Supporting Documentation. The following supporting documents shall

also be provided:

a. Affidavit of Attorney’s Fees;

1. Must comply with LR02-TR00-16; and,

2. Be accompanied by the written instrument or citation to

other authority allowing for recovery of attorney’sfees;

b. Affidavit of Non-Military Service, including theServicemembers

Civil Relief Act Status Report from the Department ofDefense;

c. Written instrument allowing for the recovery of any other

amounts sought, including interest rates and other fees; and,

d. Attachment showing method of computation used to arrive at

the amount requested.

3. Court costs shall not be added into a general judgment. A separate award

and judgment for court costs is required.

B. Affidavit of Debt: Assignments.

1. If the plaintiff is not the original creditor, the Affidavit of Debt shallinclude:

a. A statement by plaintiff (or plaintiff’s counsel, if plaintiff is

represented by counsel), that the statute of limitations to bring an

action to collect the defendant’s debt has not expired; and,

b. Attached exhibits, which must include:

a. A copy of the contract or other writing evidencing the

original debt, which must contain a signature of the

defendant. If a claim is based on credit card debt, and no

signed writing evidencing the original debt ever existed,

then a charge-off statement or monthly statement

recording the most recent purchase transaction, payment,

or balance transfer shall be attached;

b. A chronological listing of the names of all prior owners of

the debt and the date of each transfer of ownership of the

debt, beginning with the name of the original creditor,

identifying the debtor’s name and/or account number with

specificity; and,

c. A certified or other properly authenticated copy of the bill of

sale or other document that transferred ownership of the

debt to the plaintiff, identifying the debtor’s name and/or

account number with specificity.

C. Insurance Subrogation Cases. In cases involving a personal injury and/or

property damage subrogation claim, a Motion for Default Judgment shall

include the following additional attachments and information:

1. Affidavit including:

a. Date of the occurrence; and,

b. Amount of damages requested;

2. Copies of all relevant medical bills paid, consistent with A.R. 9 (G);

3. Copies of all relevant repair estimates;

4. Affidavit of Non-Military Service;

5. Copies of all relevant checks, deposits, receipts, and other similar

documents written by the insurance company; and,

6. An attachment entitled “Computation of Damages,” showing method of

computation used to arrive at the amount requested.

D. Loan Installment Contract / Repossession Cases. In cases involving loan

installment contracts or repossession, a Motion for Default Judgment shall

include the following additional attachments and information:

1. A copy of the original signed contract, which must contain a signature of

the defendant;

2. Documents showing:

a. If the personal property was repossessed and sold, the date and

place of sale;

b. Gross amount from sale of personal property;

c. All deductions (itemized) from gross sale amount; and,

d. Any other deductions made (itemized);

3. An itemization of all amounts paid on the contract by the debtor;

4. Affidavit of Attorney’s Fees or other fees;

a. Must comply with LR02-TR00-16; and,

b. Be accompanied by the written instrument or citation to other

authority allowing for recovery of attorney’s fees;

5. Affidavit of Non-Military Service.

E. Credit Card Cases. In cases involving a credit card debt, a Motion for Default

Judgment shall include the following additional attachments and information:

1. Affidavit of Debt must include:

a. Charge off date;

b. Original credit card company;

c. Unpaid balance;

d. Date of last payment and amount;

e. Date account was opened;

f. Account number, consistent with A.R. 9 (G);

g. Date debtor defaulted on the account;

h. Interest rate requested;

i. Type of account (e.g., Visa, department store); and,

j. Late fees, over-limit fees, and any other fee requested, along with a

monthly breakdown of each amount;

2. Affidavit of Attorney’s Fees

a. Must comply with LR02-TR00-16; and,

b. Be accompanied by the written instrument or citation to other authority

allowing for recovery of attorney’s fees;

3. Actual credit card monthly billing statement from the date of last payment

or last purchase (whichever is later), showing:

a. Original creditor;

b. Debtor’s name;

c. Debtor’s address;

d. Date of last payment and/or purchase;

e. Interest rate; and,

f. All fees requested;

4. Affidavit of Non-Military Service; and,

5. Attachment showing method of computation used to arrive at the amount

requested.

F. Medical Bills. In cases involving medical bills, a Motion for Default Judgment

shall include the following additional attachments and information:

1. Affidavit of Debt must include:

a. Original provider and date for each service;

b. Name of the individual to whom each service was provided;

c. Unpaid balance;

d. Date account was closed;

e. All accounts and account numbers consistent with A.R.9(G);

f. Date debtor defaulted on account(s);

g. Interest rate sought (if any);

2. Affidavit of Attorney’s Fees or any other fees:

a. Must comply with LR02-TR00-16; and,

b. Be accompanied by the written instrument or citation to other authority

allowing for recovery of attorney’s fees;

3. Copy of each medical bill showing the date and amount of each service,

original provider, and to whom the service was provided;

4. Copy of all assignments (from original provider to Plaintiff);

5. Copy of the contract (if any);

6. Affidavit of Non-Military Service; and,

7. Documentation showing secondary liability if judgment is sought against a

person to whom services were not provided (this must be provided for each

date of service).

Adopted as Superior Civil Rule 8, September 8, 2000, effective November 1, 2000.

Renumbered as Superior and Circuit Civil Rule 59-1, and amended effective December

7, 2006. Renumbered as Superior and Circuit Civil Rule TR59-08 effective January 1,

2015. Amended in 2018, renumbered as Local Civil Rule LR-02-TR55-07,and effective

December 1, 2018. Former Local Rule LR02-TR-59-07 abrogated 2018. Amended

2019, effective October 31, 2019.