EBF Partners, LLC v. Evolving Solutions Inc.

Bailey, Judge.

Case Summary

[1] EBF Partners, LLC ("EBF") petitioned to domesticate a money judgment that it had obtained against Evolving Solutions Inc.1 and Frank Terranova (collectively, "Evolving") from a court in the State of New York. In the procurement of the foreign judgment, there had been no notice to Evolving and no hearing; the New York judgment relied upon an Affidavit of Confession of Judgment-known as a cognovit note-that Evolving executed when incurring the debt. The Indiana trial court initially entered judgment in favor of EBF, but set aside the judgment upon Evolving's Trial…