2010 Indiana Code
TITLE 34. CIVIL LAW AND PROCEDURE
ARTICLE 54. JUDGMENTS
CHAPTER 3. LIMITATIONS ON CONFESSION OF JUDGMENT UNDER POWER OF ATTORNEY

IC 34-54-3
     Chapter 3. Limitations on Confession of Judgment Under Power of Attorney

IC 34-54-3-1
Applicability of chapter
     Sec. 1. This chapter applies to a contract, agreement, provision, or stipulation that:
        (1) gives a person a power of attorney or authority as attorney for the maker or endorser of the instrument in the name of the debtor to:
            (A) appear in any court of record; and
            (B) waive the service of process in an action to enforce payment of money claimed to be due on the instrument;
        (2) authorizes or purports to authorize an attorney or agent, however designated, to confess judgment on the instrument for a sum of money to be ascertained in a manner other than by action of the court upon a hearing after notice to the debtor, whether with or without an attorney fee; or
        (3) authorizes or purports to authorize an attorney described in subdivision (1) or (2) to:
            (A) release errors and the right of appealing from a judgment described in subdivision (1) or (2); or
            (B) consent to the issue of execution on the judgment.
As added by P.L.1-1998, SEC.50.

IC 34-54-3-2
Certain agreements not to be executed
     Sec. 2. A person shall not execute or procure to be executed any contract, agreement, provision, or stipulation described in section 1 of this chapter:
        (1) as part of or in connection with the execution of any negotiable instrument or other written contract to pay money; and
        (2) before a cause of action on the instrument or contract has accrued.
As added by P.L.1-1998, SEC.50.

IC 34-54-3-3
Certain agreements void
     Sec. 3. A:
        (1) contract;
        (2) stipulation; or
        (3) power of attorney;
given or entered into before a cause of action accrues on a promise to pay is void.
As added by P.L.1-1998, SEC.50.

IC 34-54-3-4
Certain foreign judgments unenforceable      Sec. 4. (a) This section applies to all cases in which the court rendering a foreign judgment obtains or attempts to obtain jurisdiction of a judgment debtor, in whole or in part, by virtue of a contract, agreement, or stipulation that is prohibited and declared void by this chapter.
    (b) An Indiana court shall not issue an execution or other process to aid or enforce the collection of any judgment that may be rendered upon a judgment that:
        (1) is taken in another state or foreign country; and
        (2) was founded or based upon a negotiable instrument or contract containing an agreement, stipulation, or provision that is prohibited and declared void by.
    (c) A judgment described in this section may not become a lien upon real estate.
As added by P.L.1-1998, SEC.50.