Ind. Elkhart Cnty. Local Rule LR20-TR55-205

205.1. General Requirements

In addition to the specific requirements set out below in sections 205.2 – 205.6, 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 and be accompanied by the written instrument or citation to

other authority allowing for recovery of attorney’s fees.

b. Affidavit of Non-Military Service and supporting documentation as required by the

Service Members Civil Relief Act, 50 U.S.C. 3931.

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.

205.2. Affidavit of Debt: Assignments

A. If the plaintiff is not the original creditor, the Affidavit of Debt shall include:

1. 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,

2. Attached exhibits, which must include:

a. A copy of the contract or other writings evidencing the original debt, which must

contain the 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.

205.3. 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:

A. Affidavit including:

1. Date of the occurrence; and,

2. Amount of damages requested.

B. Copies of all relevant medical bills paid, consistent with Access to Court Records Rules.

C. Copies of all relevant repair estimates.

D. Affidavit of Non-Military Service.

E. Copies of all relevant checks, deposits, receipts, and other similar documents written by the

insurance company; and,

F. An attachment entitled “Computation of Damages,” showing method of computation used to

arrive at the amount requested.

205.4. 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:

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

defendant.

B. Documents showing:

1. If the personal property was repossessed and sold, the date and place of sale.

2. Gross amount from sale of personal property.

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

4. Any other deductions made (itemized).

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

D. Affidavit of Attorney’s Fees or other fees must be accompanied by the written instrument or

citation to other authority allowing for recovery of attorney’s fees.

E. Affidavit of Non-Military Service.

205.5. Credit Card Cases

In cases involving a credit card debt, a Motion for Default Judgment shall include the following additional

attachments and information:

A. Affidavit of Debt must include:

1. Charge off date.

2. Original credit card company.

3. Unpaid balance.

4. Date of last payment and amount.

5. Date account was opened.

6. Account number, consistent with Rules to Access to Court

Records.

7. Date debtor defaulted on the account.

8. Interest rate requested.

9. Type of account (That is, Visa, department store); and,

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

a monthly breakdown of each amount.

B. Affidavit of Attorney’s Fees must be accompanied by the written instrument or

citation to other authority allowing for recovery of attorney’s fees.

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

payment or last purchase (whichever is later), showing:

1. original creditor.

2. Debtor’s name.

3. Debtor’s address.

4. Date of last payment and/or purchase.

5. Interest rate; and,

6. All fees requested.

D. Affidavit of Non-Military Service; and,

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

requested.

205.6. Medical Bills

In cases involving medical bills, a Motion for Default Judgment shall include the following additional

attachments and information:

A. Affidavit of Debt must include:

1. original provider and date for each service.

2. Name of the individual to whom each service was provided.

3. Unpaid balance.

4. Date account was closed.

5. All accounts and account numbers consistent with the Access to

Court Records Rules.

6. Date debtor defaulted on account(s).

7. Interest rate sought (if any).

B. Affidavit of Attorney’s Fees or any other fees must be accompanied by the written instrument or

citation to other authority allowing for recovery of attorney’s fees.

C. Copy of each medical bill showing the date and amount of each service, original provider, and

to whom the service was provided.

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

E. Copy of the contract (if any);

F. Affidavit of Non-Military Service; and,

G. 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).