§ 32-30-8-8 — Service upon defendant

Indiana § 32-30-8-8

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 30: CAUSES OF ACTION CONCERNING REAL
• Ch. 8: Actions for Drug Nuisances

Text

(a) If the defendant has not been personally
served with process despite the exercise of due diligence, the person
initiating an action under this chapter, not more than twenty (20) days
after the filing of a complaint and the filing of an affidavit that personal
service on the defendant cannot be had after due diligence, may cause
a copy of the complaint to be mailed to the defendant by certified mail,
restricted delivery, return receipt to the clerk of court requested.
Service is considered completed when the following are filed with the
court:
(1) Proof of the mailing.
(2) An affidavit that a copy of the complaint has been posted on
the property alleged to be a nuisance.
(b) This subsection does not apply to transient guests of a hotel,
motel, or other guest house. All tenants or residents of a property that
is used in whole or in part as a business, home, residence, or dwelling
who may be affected by an order issued under this chapter must be:
(1) provided reasonable notice as ordered by the court having
jurisdiction over the nuisance action; and
(2) afforded an opportunity to be heard at all proceedings in the
action.
(c) Notice of lis pendens shall be filed concurrently with the
initiation of an action under this chapter.
[Pre-2002 Recodification Citation: 34-19-3-8.]

Legislative History

As added by P.L.2-2002, SEC.15.