2018 Indiana Code
TITLE 6. Taxation
ARTICLE 1.1. PROPERTY TAXES
CHAPTER 23. Provisions for Collection of Delinquent Personal Property Taxes
6-1.1-23-12. Setting aside judgment; grounds

Universal Citation: IN Code § 6-1.1-23-12 (2018)
IC 6-1.1-23-12 Setting aside judgment; grounds

     Sec. 12. (a) A judgment entered under section 9 or section 11 of this chapter may be set aside only for one (1) of the following reasons:

(1) The person against whom the judgment was entered was not liable for the delinquent taxes, penalties, and collection expenses for which the judgment was entered.

(2) The delinquent taxes, penalties, and collection expenses have been paid either in whole or in part.

(3) The required written demand was not given in the manner prescribed in section 1 of this chapter.

(4) The person against whom the judgment was entered is deceased, as evidenced by a certificate of death.

(5) The corporation against whom the judgment was entered has been formally dissolved or is no longer in business.

(6) The judgment is uncollectible as a result of bankruptcy.

(7) The county treasurer has exhausted all reasonable efforts to collect the delinquent taxes, penalties, and collection expenses for the period specified in IC 6-8.1-8-2(f) without success.

For purposes of subdivision (2), if only part of the items have been paid, the judgment may be set aside only in the amount of the payment.

     (b) A judgment may be set aside under this section only under a finding entered of record by a court which has jurisdiction.

[Pre-1975 Property Tax Recodification Citation: 6-1-55-4.]

Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.56-1996, SEC.3.

 

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