Ind. Marion Cnty. Small Cl. Local Rule LR49-SC11-404

PAYMENT PLANS

Agreed Judgments and payment plans shall be reviewed for approval by the Court. In determining

whether to approve the proposed judgment or payment plan, the Court shall consider in addition to

the requirements of SCR 11 whether the judgment requires payment from income or assets which

would be exempt from execution and if so whether the Defendant was informed of such exemption

rights before signing the agreement. A debtor’s signature on a Court-prescribed Notice of

Exemption Rights Form shall give rise to a rebuttable presumption that the debtor was informed of

his/her exemption rights. The absence of the same shall give rise to a rebuttable presumption the

debtor was not informed of his/her exemption rights.

Comment: This provision is consistent with Branham v. Varble, which indicates that it is

appropriate for Judges in small claims proceedings to advise pro se litigants of their exemption

rights, at least as it pertains to the general wage and SSI exemptions. Branham v. Varble, 952

N.E.2d 744, 748 (Ind. 2011).

Citation(s):

REPORT ON THE MARION COUNTY SMALL CLAIMS COURT, FINDINGS OF FACT C(35) – (36), p. 11;

E(61), p. 14.

REPORT ON THE MARION COUNTY SMALL CLAIMS COURT, PART C COMPLEMENTARY REFORM 2(c), p.

27; 2(e), p. 28.

REPORT #1 ON LANDLORD-TENANT COURT PROCEEDINGS IN INDIANA I(A), p. 6.

Adopted Oct. 15, 2012, effective March 1, 2013.