§ 36-9-36-52 — Foreclosure actions; complaint; proof

Indiana § 36-9-36-52

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 36: Barrett Law Funding for Counties and Municipalities

Text

(a) The complaint for a foreclosure action
under this chapter need not set forth the specific proceedings leading
to the final assessment. However, the complaint must include the
following information:
(1) The date on which the contract for the improvement was
finally let.
(2) The name of the improvement.
(3) The amount and date of the assessment.
(4) A statement that the assessment is unpaid.
(5) A description of the property on which the assessment was
levied.
(b) At the trial of a foreclosure action, the plaintiff is not required
to introduce proof of the proceedings before the works board leading
to the final assessment. However, the plaintiff must introduce the final
assessment roll or a copy of the final assessment roll. The final
assessment roll or the copy of the final assessment roll must be
properly certified.
(c) The final assessment roll or the copy is presumptive evidence
that the works board took all actions required to be taken in making the
final assessment.

Legislative History

As added by P.L.98-1993, SEC.7.