Indiana § 9-32-18-2 "Qualifying claim"

Indiana Statutes

§ 9-32-18-2 — "Qualifying claim"

Indiana·Title 9 MOTOR VEHICLES·Art. 32 DEALER SERVICES·Ch. 18 Consumer Restitution Fund

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

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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).