General Collections, Inc. v. Ochoa

STATON, Judge.

On September 9,1988, the Allen Superior Court, Small Claims Division, granted Joseph L. Ochoa’s motion to set aside a de fault judgment which was entered in 1977 in favor of General Collections. The conclusion of the trial court was that Ochoa was not the person who signed the promissory note which was the subject matter of the default judgment. As a result, the proceedings supplemental instituted by General Collections to recover the $469.00 allegedly owed by Ochoa under the default judgment were dismissed. General Collections raises two issues on appeal:

1. Whether the trial…