- Report: #1657
Complaint Review: Kosciusko County Superior Court 3 - Warsaw Indiana
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Kosciusko County Superior Court 3
121 North Lake Street Justice Building Warsaw, 46580 Indiana, U.S.A.
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219-372-2394
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local judge in small claims court overrules federal bankruptcy
Here in Kosciusko County, Indiana, we have a local court judge that ALWAYS rules in the landlord's favor. I know this from personal experience and that of others. One only need to watch the local newspapers to see where this guy is coming from.
In January 1999, my husband and I had our Chapter 13 bankruptcy finalized. Every debt was cleared. This was in South Bend, Indiana.
A landlord, we became behind to, was listed. We did say in the bankruptcy if he worked with us financially through the economic woes we would pay him. He evicted us. We told him to appear for the bankruptcy, I have property being held, where he could get the federal courts to go in and sieze it, collecting his money. He refused.
When the landlord took us to court, we presented the federal bankruptcy court documents to show the bill was cleared. The judge, Judge Joe Sutton, refused to acknowledge the papers and granted the ex-landlord $3,000! This includes his accounting of what we owe, which is incorrect. Aside from the bankruptcy writing this off, I was injured on the property and he did not pay the medical bill, he did a driveway incorrectly and he caused the exhaust to be ripped off (over $350) damage, he walked in on my husband in the shower...etc....then in court Mikolaj Woronko proceeded to give me the finger within 9" of my face and yell statements at me and the judge sits there and laughs! Everyone, including myself, was horrifiedthat the judge permitted this as no bailiff was called.
We appealed his decision. We said in county court he cannot overrule a bankruptcy. He said he can do what he wants and now he is letting this man proceed with garnishment!
What is the matter with the judicial system here? This judge is running amuk here.
There's a person I know who's family is trying to sue the judge now. However, the judgement for them will be appealed.
What kind of rip off is this?!??! Case #43DO3 9909-SC-001549
When we called federal court, they told us to hire an attorney. So far, we have been unable to find one that will represent us. Legal aid doesn't exist in this county. No lawyer wants to go up against him on this from the private ones we've talked to, they won't even consider it!
In January 1999, my husband and I had our Chapter 13 bankruptcy finalized. Every debt was cleared. This was in South Bend, Indiana.
A landlord, we became behind to, was listed. We did say in the bankruptcy if he worked with us financially through the economic woes we would pay him. He evicted us. We told him to appear for the bankruptcy, I have property being held, where he could get the federal courts to go in and sieze it, collecting his money. He refused.
When the landlord took us to court, we presented the federal bankruptcy court documents to show the bill was cleared. The judge, Judge Joe Sutton, refused to acknowledge the papers and granted the ex-landlord $3,000! This includes his accounting of what we owe, which is incorrect. Aside from the bankruptcy writing this off, I was injured on the property and he did not pay the medical bill, he did a driveway incorrectly and he caused the exhaust to be ripped off (over $350) damage, he walked in on my husband in the shower...etc....then in court Mikolaj Woronko proceeded to give me the finger within 9" of my face and yell statements at me and the judge sits there and laughs! Everyone, including myself, was horrifiedthat the judge permitted this as no bailiff was called.
We appealed his decision. We said in county court he cannot overrule a bankruptcy. He said he can do what he wants and now he is letting this man proceed with garnishment!
What is the matter with the judicial system here? This judge is running amuk here.
There's a person I know who's family is trying to sue the judge now. However, the judgement for them will be appealed.
What kind of rip off is this?!??! Case #43DO3 9909-SC-001549
When we called federal court, they told us to hire an attorney. So far, we have been unable to find one that will represent us. Legal aid doesn't exist in this county. No lawyer wants to go up against him on this from the private ones we've talked to, they won't even consider it!
2 Updates & Rebuttals
Peace Keeper
Warsaw,Indiana,
I seriously doubt it
#2Consumer Comment
Thu, April 17, 2014
I seriously doubt if "Mike" is actually the landlord/owners name. Landlords in Warsaw/Koscuisko County seem to have absolute control over their rundown unfit properties. They have NO regard to State, County or City laws and somehow get by with breaking any/all laws and ordinances. The building inspectors, fire department, health department and child services never seem to have the time nor inclination to inspect rental units. This does not apply to all rentals in Kcounty/Warsaw, only to 80-90% of them. Koscuisko County is a picture perfect example of "good ol' boy" government at work.
Mike
Madison,Indiana,
U.S.A.
I cannot condone giving someone the finger or being rude
#3Consumer Comment
Fri, April 02, 2004
I am a land lord with only a few properties. I cannot condone giving someone the finger or being rude, but in my case if the tenant is not paying the rent, then I have to. Most landlords have a mortgage on the property that is being rented, and the landlord is also responsible for insurance and porperty taxes on the property. Most small time landlords do not have the cashflow to make these payments if the tenant is not. The tenant would have to be evicted to keep the landlord out of bankruptcy court. Not all landlords are evil, we are trying to get ahead. Taking chances with sometimes substantial assets, that we could lose all of if someone is living in a rental with out paying rent. So again I can't condone rudeness but the landlord has obligations to meet also.
