Requirements
Sec. 2. (a) A 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) The judgment creditor must send notice of the filing of the
foreign judgment in the same process prescribed under Indiana Trial
Rule 4 through Indiana Trial Rule 4.17.
(c) The notice described in subsection (b) must contain:
(1) the name and address of the judgment creditor;
(2) the name and address of the judgment creditor's attorney, if
any; and
(3) the nature and amount of the judgment creditor's claim
under the foreign judgment.
(d) 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.
(e) Not later than twenty-one (21) days after the date notice is
served to the judgment debtor by the judgment creditor or the
judgment creditor's attorney, the judgment debtor may file a notice
with the court in which the judgment has been filed asserting any
defenses that would prohibit the judgment creditor from execution or
another process for enforcement of the foreign judgment.
(f) If a judgment debtor files a timely notice under subsection (e),
a foreign judgment may not:
(1) constitute a lien under IC 34-55-9-2; or
(2) be enforced by execution or another process for enforcement
of the foreign judgment;
until the court in which the foreign judgment is filed has issued an
order sustaining or overruling each defense asserted in the notice
filed under subsection (e).
(g) A court in which a foreign judgment is filed may issue an
order staying the time within which a notice by a judgment debtor
must be filed under subsection (e) if the court determines that
litigation of a postjudgment motion:
(1) is appropriate; and
(2) would be available if the judgment had been obtained in an
Indiana court.
(h) If a court stays under subsection (g) the time within which a
notice by a judgment debtor must be filed under subsection (e), a
foreign judgment may not:
(1) constitute a lien under IC 34-55-9-2; or
(2) be enforced by execution or another process for enforcement
of the foreign judgment;
during the period of the stay.
(i) A creditor filing a foreign judgment is entitled to any
prejudgment remedy that is available to a creditor in an Indiana court
during the pendency of:
(1) the proceeding to determine the availability of a defense
under subsection (e); or
(2) a stay under subsection (g).
As added by P.L.40-2003, SEC.2. Amended by P.L.238-2005,
SEC.62.
Last modified: May 24, 2006