2015 Indiana Code TITLE 34. CIVIL LAW AND PROCEDURE ARTICLE 54. JUDGMENTS CHAPTER 11. ENFORCEMENT OF FOREIGN JUDGMENTS
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IC 34-54-11
Chapter 11. Enforcement of Foreign Judgments
IC 34-54-11-1
Filing of foreign judgment
Sec. 1. (a) A copy of any foreign judgment authenticated in
accordance with 28 U.S.C. 1963 or the statutes of this state may be
filed in the office of the clerk of any court of record in a county in
Indiana.
(b) The clerk of the court in which the copy is filed shall treat the
foreign judgment in the same manner as a judgment of an Indiana
court.
(c) A foreign judgment filed under subsection (a) has the same
effect and is subject to the same procedures, defenses, and
proceedings for reopening, vacating, or staying as a judgment entered
by an Indiana court.
As added by P.L.40-2003, SEC.2. Amended by P.L.63-2010, SEC.2.
IC 34-54-11-2
Requirements
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.
As added by P.L.40-2003, SEC.2. Amended by P.L.238-2005,
SEC.62; P.L.63-2010, SEC.3.
Indiana Code 2015
IC 34-54-11-3
Filing fee
Sec. 3. (a) The filing fee for a foreign judgment is the same as the
fee for filing a cause of action with the clerk of the court in which the
foreign judgment is filed.
(b) All filing fees are due and payable at the time of filing.
As added by P.L.40-2003, SEC.2.
IC 34-54-11-4
Staying enforcement of a foreign judgment
Sec. 4. (a) If the judgment debtor shows the court with whose
clerk the foreign judgment is filed:
(1) that:
(A) an appeal from the foreign judgment is pending;
(B) an appeal from the foreign judgment will be taken; or
(C) a stay of execution of the foreign judgment has been
granted; and
(2) that the judgment debtor has furnished the security, if any,
for the judgment required under the jurisdiction in which the
foreign judgment was rendered;
the court shall stay enforcement of the foreign judgment until the
appeal is concluded, the time for appeal expires, or the stay of
execution expires or is vacated.
(b) If:
(1) the judgment debtor shows the court grounds upon which
enforcement of a judgment of a court of Indiana would be
stayed; and
(2) the judgment debtor gives the court security for the
judgment debt;
the court shall stay enforcement of the foreign judgment for the same
period as would be appropriate to stay enforcement for a similar
judgment by an Indiana court.
As added by P.L.40-2003, SEC.2.
IC 34-54-11-5
Alternative action to enforce a foreign judgment not impaired
Sec. 5. This chapter does not impair a judgment creditor's right to
bring an action to enforce a foreign judgment by other means.
As added by P.L.40-2003, SEC.2.
IC 34-54-11-6
Purpose
Sec. 6. This chapter shall be interpreted and construed to
effectuate its general purpose to make uniform the law of those states
that enact the uniform enforcement of foreign judgments act.
As added by P.L.63-2010, SEC.4.
IC 34-54-11-7
Citation
Indiana Code 2015
Sec. 7. This chapter may be cited as the "Uniform Enforcement of
Foreign Judgments Act".
As added by P.L.63-2010, SEC.5.
Indiana Code 2015
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