Indiana § 25-6.1-8-8 Commission as defendant; hearings; order of payment of claim

Indiana Statutes

§ 25-6.1-8-8 — Commission as defendant; hearings; order of payment of claim

Indiana § 25-6.1-8-8

Title 25PROFESSIONS AND OCCUPATIONS

Art. 6.1AUCTIONEERS AND AUCTIONS

Ch. 8Auctioneer Recovery Fund

This text of Indiana § 25-6.1-8-8 (Commission as defendant; hearings; order of payment of claim) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 25-6.1-8-8 (2026).

Text

(a)When any person files an application for an order directing payment from the auctioneer recovery fund, the commission shall promptly review and consider the application, and it may issue an order directing payment out of the auctioneer recovery fund, as provided in section 9 of this chapter, subject to the limitation of section 4 of this chapter, if the commission finds:

(1)that there is no collusion between the judgment creditor and the judgment debtor;

(2)that the judgment creditor is making application not more than one (1) year after the termination of all proceedings in connection with the judgment, including appeals and proceedings supplemental to judgment for collection purposes;

(3)that the judgment creditor has diligently pursued all available creditor's remedies, including

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(a) When any person files an application for
an order directing payment from the auctioneer recovery fund, the
commission shall promptly review and consider the application, and it
may issue an order directing payment out of the auctioneer recovery
fund, as provided in section 9 of this chapter, subject to the limitation
of section 4 of this chapter, if the commission finds:
(1) that there is no collusion between the judgment creditor and
the judgment debtor;
(2) that the judgment creditor is making application not more than
one (1) year after the termination of all proceedings in connection
with the judgment, including appeals and proceedings
supplemental to judgment for collection purposes;
(3) that the judgment creditor has diligently pursued all available
creditor's remedies, including proceedings supplemental, against
the licensee who is the subject of the application filed under
section 4 of this chapter, against all the judgment debtors, and
against all other persons liable to the creditor in the transaction
for which the creditor seeks recovery from the auctioneer
recovery fund, but that the diligent pursuit did not result in
satisfaction of the judgment;
(4) that the failure to meet the obligations of a licensee under this
article and the rules adopted under this article arose directly out
of a transaction that occurred when the judgment debtor was
licensed and acted in a capacity for which a license is required
under this article and that the transaction occurred after December
31, 1987; and
(5) that, in the event of a default judgment or a judgment entered
upon stipulation of the parties, the judgment debtor's acts
constituted failure to meet the obligations of a licensee under this
article and the rules adopted under this article.
(b) A person who is dissatisfied by:
(1) an order issued under subsection (a) directing payment out of
the auctioneer recovery fund; or
(2) a denial of an application filed under section 4 of this chapter;
may petition for review under IC 4-21.5-3-7.