Indiana § 24-4.4-3-111 Civil action by department for willful violation; imposition of civil
penalty by department; restitution

Indiana Statutes

§ 24-4.4-3-111 — Civil action by department for willful violation; imposition of civil penalty by department; restitution

Indiana·Art. 4.4 FIRST LIEN MORTGAGE LENDING·Ch. 3 Administration

(1)The department may bring a civil action against a creditor or a person acting on behalf of the creditor to recover a civil penalty for willfully violating this article. If the court finds that the defendant has engaged in a course of repeated and willful violations of this article, the court may assess a civil penalty of not more than five thousand dollars ($5,000). A civil penalty may not be imposed under this subsection:

(a)for violations of this article occurring more than two (2) years before the action is brought; or

(b)for making unconscionable agreements or engaging in a course of fraudulent or unconscionable conduct.

(2)If the department determines, after notice and an opportunity to be heard, that a person has violated this article, the department may, in addition to or ins

Free access — add to your briefcase to read the full text and ask questions with AI

(1) The department may bring a civil
action against a creditor or a person acting on behalf of the creditor to
recover a civil penalty for willfully violating this article. If the court
finds that the defendant has engaged in a course of repeated and willful
violations of this article, the court may assess a civil penalty of not
more than five thousand dollars ($5,000). A civil penalty may not be
imposed under this subsection:
(a) for violations of this article occurring more than two (2) years
before the action is brought; or
(b) for making unconscionable agreements or engaging in a
course of fraudulent or unconscionable conduct.
(2) If the department determines, after notice and an opportunity to
be heard, that a person has violated this article, the department may, in
addition to or instead of all other remedies available under this section,
impose upon the person a civil penalty not greater than ten thousand
dollars ($10,000) per violation.
(3) If the department determines, after notice and opportunity to be
heard, that a person has willfully violated this article, the department
may, in addition to or instead of all other remedies available under this
section, order restitution against the person subject to this article for a
violation of this article.

Indiana § 24-4.4-3-111 (Civil action by department for willful violation; imposition of civil penalty by department; restitution) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.