2020 Indiana Code
Title 9. Motor Vehicles
Article 32. Dealer Services
Chapter 18. Consumer Restitution Fund
9-32-18-5. Payment to Qualifying Individuals; Filing Claims; Timing

Sec. 5. (a) The secretary may not make a payment to a qualifying individual under section 4 of this chapter unless the dealer ordered to pay restitution to the qualifying individual has not paid the full amount of the restitution as described in section 2(2) of this chapter:

(1) by the date provided in the order; or

(2) not later than ninety (90) days after the order is issued;

whichever is later.

(b) A qualifying individual may seek payment from the fund of any amount of the restitution:

(1) ordered by the court to be paid to the qualifying individual or ordered under IC 9-32-16-2; and

(2) not paid by the dealer ordered to pay the restitution;

by filing a claim with the secretary on a form prescribed by the secretary.

(c) The secretary must receive a claim filed under this chapter not later than one hundred eighty (180) days after the date on which the order described in section 2 of this chapter becomes final. The secretary may grant an extension of time for good cause shown by the qualifying individual filing the claim.

(d) Notwithstanding subsection (c), the secretary may not accept a claim that is received more than:

(1) two (2) years after the date of the judgment described in section 2(2)(A) of this chapter; or

(2) one hundred eighty (180) days after the date of the order described in section 2(2)(B) of this chapter;

becomes final.

(e) The personal information (as defined in IC 9-32-2-18.7), of a qualifying individual who files a qualifying claim with the secretary under subsection (b) is confidential and may not be disclosed or distributed outside the secretary, except as required by law.

(f) Upon receiving a qualifying claim, the secretary may pay, from money available in the fund, to each qualifying individual identified in the claim under section 2(3) of this chapter an amount that:

(1) is determined by the secretary, at the secretary's discretion;

(2) may be up to the amount of the restitution awarded to the qualifying individual and not paid by the dealer ordered to pay the restitution; and

(3) may not exceed three thousand dollars ($3,000).

(g) The limits set forth in subsection (f) do not prohibit a qualifying individual from seeking to recover, in any action, or through any other lawful remedy available, any amount of the restitution that:

(1) is awarded to the qualifying individual in the order described in section 2(2) of this chapter;

(2) is not paid by the dealer ordered to pay the restitution; and

(3) exceeds the amount paid to the qualifying individual by the secretary under subsection (f).

As added by P.L.179-2017, SEC.97.