Legal Opinion

Branham v. Varble

Indiana Supreme Court

Decided August 30, 2011No. 62S01-1103-SC-141PublishedCited by 29 opinions

1Opinion of the Court

SHEPARD, Chief Justice.

After conducting proceedings supplemental in a case on the small claims docket, the trial court ordered two self-represented judgment debtors to pay on the judgment despite their lack of non-exempt income. We reverse, holding that entitlement to the very ordinary statutory exemptions at issue here is not forfeited by failure of an unrepresented litigant to plead them as an affirmative defense in the course of purposefully informal small claims processes.

Facts and Procedural History

The ease in this appeal was styled Branham v. Varble & Chastain. A second case was styled…

2Cases cited8 opinions

  1. City of Dunkirk Water & Sewage Dept. v. HallIndiana Supreme Court · 1995
  2. Morton v. IvacicIndiana Supreme Court · 2008
  3. Kirk v. Monroe County TireIndiana Court of Appeals · 1992
  4. Matter of ZumbrunIndiana Supreme Court · 1993
  5. Mims v. Commercial Credit CorporationIndiana Supreme Court · 1974

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3Cited by29 opinions

  1. State of Indiana v. I.T.Indiana Supreme Court · 2014
  2. American Acceptance Co., LLC., as Assignee of Washington Mutual Finance v. Melissa WillisIndiana Court of Appeals · 2013
  3. Brian S. Moore v. Kristy L. MooreIndiana Court of Appeals · 2014
  4. Branham v. VarbleIndiana Supreme Court · 2011
  5. C.N. v. K.B. (mem. dec.)Indiana Court of Appeals · 2020

24 more not listed; retrieve them via the Exa API.

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