§ 34-54-11-2 Filing; process

Codes > Indiana Code > Title 34 > Article 54 : Chapter 11 > 34-54-11-2 Filing;

34-54-11-2 Filing; process

    Sec. 2. (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.