§ 25-11-1-13 — Assignment of accounts to collection agent

Indiana § 25-11-1-13

• Jurisdiction: Indiana
• Title 25: PROFESSIONS AND OCCUPATIONS
• Art. 11: COLLECTION AGENCIES
• Ch. 1: Licensing of Collection Agencies by Secretary of State

Text

(a) A person who is licensed under this
chapter may, for the purpose of acting as an agent for collection:
(1) receive another person's accounts, bills, or other evidence of
indebtedness;
(2) be the assignee of another person's accounts, bills, or other
evidence of indebtedness; and
(3) at the direction of an assignor or assignors:
(A) employ an attorney to represent an assignee in the filing of
an action to collect a debt in the county of preferred venue for
the action as set forth in Rule 75 of the Indiana Rules of Trial
Procedure; and
(B) advance court costs for the filing of an action to collect a
debt.
(b) For purposes of filing one (1) action, an assignee may
consolidate:
(1) assigned claims against an individual debtor; or
(2) assigned claims against joint debtors.
(c) An action in which claims are consolidated under subsection (b)
must be filed in the county of preferred venue as to all alleged debtors
for the action as set forth in Rule 75 of the Indiana Rules of Trial
Procedure.
(d) If an assignee files an action in a county other than the county of
preferred venue as to all alleged debtors, the court upon motion shall
order:
(1) the action transferred to the county of preferred venue; and
(2) the assignee to reimburse the person or persons against whom
the action is filed for attorney's fees necessitated for correction of
the preferred venue.

Legislative History

As added by P.L.154-1988, SEC.1.