§ 24-5-15.5-5 — Plaintiff debt buyer; initial pleading; required documentation

Indiana § 24-5-15.5-5

• Jurisdiction: Indiana
• Art. 5: CONSUMER SALES
• Ch. 15.5: Debt Buyers

Text

(a) If a debt buyer brings an action on a debt,
or an arbitration proceeding requesting a judgment on a debt, the
plaintiff debt buyer shall attach with the initial pleading the following:
(1) One (1) of the following:
(A) If a signed contract or other writing evidencing the debtor's
agreement to the debt exists, a copy of the contract or other
writing.
(B) If a signed contract or other writing evidencing the debtor's
agreement to the debt does not exist, a copy of a document
provided to the debtor while the account was active.
However, for a revolving credit account, a copy of a charge off
statement or the most recent monthly statement recording a
purchase transaction, a last payment, or a balance transfer is
sufficient to satisfy this requirement.
(2) A chronological list of the:
(A) names of all previous owners of the debt and date of each
transfer of ownership of the debt, beginning with the name of
the original charge off creditor; and
(B) documentation, or a bill of sale, evidencing the assignment
of the debt to the plaintiff debt buyer.
(b) An initial pleading described in subsection (a) is sufficient if the
plaintiff debt buyer complies with subsection (a)(1) and (a)(2).

Legislative History

As added by P.L.280-2019, SEC.6.