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IC 34-54-11-1
Filing of foreign judgment
Sec. 1. (a) A certified and exemplified copy of a foreign judgment
may be filed in the office of the clerk of any court of record in a
county in Indiana where the debtor resides or owns property, and is
subject to IC 34-55-9-2.
(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 and defenses as a
judgment entered by an Indiana court.
As added by P.L.40-2003, SEC.2.
IC 34-54-11-2
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.
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.