§ 34-54-11-2 — Requirements

Indiana § 34-54-11-2

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 54: JUDGMENTS
• Ch. 11: Enforcement of Foreign Judgments

Text

(a) At the time of the filing of a foreign
judgment, the judgment creditor filing a foreign judgment under this
chapter must file an affidavit with the clerk of the court in which the
foreign judgment is filed at the time the foreign judgment is filed. The
affidavit must set forth:
(1) the name and last known address of the judgment debtor; and
(2) the name and last known address of the judgment creditor.
(b) Promptly after the filing of the foreign judgment and affidavit,
the clerk must send notice of the filing of the foreign judgment to the
judgment debtor at the address given and shall make an entry of the
mailing in the docket.
(c) The notice described in subsection (b) must contain:
(1) the name and address of the judgment creditor; and
(2) the name and address of the judgment creditor's attorney, if
any.
(d) The judgment creditor shall:
(1) mail a notice of the filing of the judgment to the judgment
debtor; and
(2) file proof of mailing with the clerk.
(e) Lack of mailing notice by the clerk does not affect the
enforcement of proceedings if proof of mailing by the judgment
creditor has been filed.
(f) Execution or other process for the enforcement of a foreign
judgment may not be issued earlier than twenty-one (21) days after the
entry of the judgment in the judgment's original jurisdiction.

Legislative History

As added by P.L.40-2003, SEC.2. Amended by P.L.238-2005, SEC.62; P.L.63-2010, SEC.3.