§ 9-32-18-2 — "Qualifying claim"

Indiana § 9-32-18-2

• Jurisdiction: Indiana
• Title 9: MOTOR VEHICLES
• Art. 32: DEALER SERVICES
• Ch. 18: Consumer Restitution Fund

Text

As used in this chapter, "qualifying claim"
means a claim that:
(1) subject to section 5(b) of this chapter, is filed with the
secretary on a form prescribed by the secretary; and
(2) is based on:
(A) a final judgment in a court with jurisdiction in Indiana that:
(i) is issued in a case instituted or maintained by the office of
the attorney general in connection with a case involving a
violation by one (1) or more dealers of IC 9-19, IC 9-22, IC 9-32 or a rule adopted under the authority of IC 9-32, or IC 24-5-0.5; and
(ii) awards restitution to one (1) or more qualifying
individuals; or
(B) a final administrative order issued under IC 9-32-16-2;
(3) identifies each qualifying individual who:
(A) has been awarded restitution in the order described in
subdivision (2); and
(B) seeks payment from the fund through the claim submitted;
(4) attests that the dealer ordered to pay the restitution has not
paid the full amount ordered with respect to each qualifying
individual identified under subdivision (3); and
(5) seeks payment from the fund of any amount of restitution:
(A) ordered by the court or ordered under IC 9-32-16-2; and
(B) not paid by the dealer ordered to pay the restitution with
respect to each qualifying individual identified under
subdivision (3).

Legislative History

As added by P.L.179-2017, SEC.97.