CHAPTER 16. UNLAWFUL MOTOR VEHICLE SUBLEASING

IC 24-5-16
    Chapter 16. Unlawful Motor Vehicle Subleasing

IC 24-5-16-1
"Buyer" defined
    Sec. 1. As used in this chapter, "buyer" means a person who buysgoods from a seller.
As added by P.L.80-1990, SEC.16.

IC 24-5-16-2
"Direct loan agreement" defined
    Sec. 2. As used in this chapter, "direct loan agreement" means anagreement between a lender and a purchaser by which the lender hasadvanced funds under a loan secured by the vehicle that thepurchaser has purchased.
As added by P.L.80-1990, SEC.16.

IC 24-5-16-3
"Installment sale agreement" defined
    Sec. 3. As used in this chapter, "installment sale agreement"means a credit sale of goods by a seller to a buyer for a deferredpayment price payable in one (1) or more installments.
As added by P.L.80-1990, SEC.16.

IC 24-5-16-4
"Lease contract" defined
    Sec. 4. As used in this chapter, "lease contract" means a leasecontract for or in contemplation of a lease for the use of a vehicle,and the purchase of services incidental to the lease, by an individualfor a term exceeding four (4) months primarily for personal, family,household, business, commercial, or agricultural use.
As added by P.L.80-1990, SEC.16.

IC 24-5-16-5
"Person" defined
    Sec. 5. As used in this chapter, "person" means an individual, acompany, a firm, an association, a partnership, a trust, a corporation,or other legal entity.
As added by P.L.80-1990, SEC.16.

IC 24-5-16-6
"Purchaser" defined
    Sec. 6. As used in this chapter, "purchaser" has the meaning setforth in IC 26-1-1-201(33).
As added by P.L.80-1990, SEC.16.

IC 24-5-16-7
"Secured party" defined
    Sec. 7. As used in this chapter, "secured party" has the meaningset forth in IC 26-1-9.1-102(a)(72).As added by P.L.80-1990, SEC.16. Amended by P.L.57-2000, SEC.8.

IC 24-5-16-8
"Security agreement" defined
    Sec. 8. As used in this chapter, "security agreement" has themeaning set forth in IC 26-1-9.1-102(a)(73).
As added by P.L.80-1990, SEC.16. Amended by P.L.57-2000, SEC.9.

IC 24-5-16-9
"Security interest" defined
    Sec. 9. As used in this chapter, "security interest" has the meaningset forth in IC 26-1-1-201(37).
As added by P.L.80-1990, SEC.16.

IC 24-5-16-10
"Seller" defined
    Sec. 10. As used in this chapter, "seller" has the meaning set forthin IC 26-1-2-103(1)(d). The term includes the present holder of aninstallment sales agreement.
As added by P.L.80-1990, SEC.16.

IC 24-5-16-11
"Vehicle" defined
    Sec. 11. As used in this chapter, "vehicle" has the meaning setforth in IC 24-4-9-8.
As added by P.L.80-1990, SEC.16.

IC 24-5-16-12
Unlawful subleasing; conditions
    Sec. 12. (a) A person engages in an act of unlawful subleasing ofa vehicle if all of the following conditions are met:
        (1) The vehicle is subject to a lease contract, an installmentsales agreement, or a security agreement, the terms of whichprohibit the transfer or assignment of any right or interest in thevehicle or under the lease contract, installment sales agreement,or security agreement without consent of the lessor, seller, orsecured party.
        (2) The person is not a party to the lease contract, installmentsales agreement, or security agreement.
        (3) The person transfers or assigns, or purports to transfer orassign, a right or an interest in the vehicle under the leasecontract, installment sales agreement, or security agreement toa person who is not a party to the lease contract, installmentsales agreement, or security agreement.
        (4) The person does not obtain, before the transfer orassignment described in subdivision (3), written consent to thetransfer or assignment from the vehicle's lessor, seller, orsecured party.
        (5) The person receives compensation or some otherconsideration for the transfer or assignment described in

subdivision (3).
    (b) A person engages in an act of unlawful subleasing of a vehiclewhen the person is not a party to the lease contract, installment salesagreement, or security agreement and assists, causes, or arranges anactual or purported transfer or assignment described in subsection(a)(3).
As added by P.L.80-1990, SEC.16.

IC 24-5-16-13
Transfer or assignment of right or interest in vehicle under leasecontract
    Sec. 13. (a) The actual or purported transfer or assignment, or theassisting, causing, or arranging of an actual or purported transfer orassignment, of a right or an interest in a vehicle under a leasecontract, installment sales agreement, or security agreement by aperson who is a party to the lease contract, installment salesagreement, or security agreement is not an act of unlawful subleasingof a motor vehicle and is not subject to prosecution.
    (b) This section does not affect the enforceability of any provisionof a lease contract, an installment sales agreement, a securityagreement, or a direct loan agreement by a party to the agreement.
As added by P.L.80-1990, SEC.16.

IC 24-5-16-14
Civil action
    Sec. 14. Any one (1) or more of the following who suffer anydamage proximately resulting from one (1) or more acts of unlawfulvehicle subleasing described in section 12 of this chapter may bringan action against the person who has engaged in those acts:
        (1) A seller or other secured party under an installment salesagreement or a security agreement.
        (2) A lender under a direct loan agreement.
        (3) A lessor under a lease contract.
        (4) A buyer under an installment sales agreement.
        (5) A purchaser under a direct loan agreement, an agreementthat provides for a security interest, or an agreement that isequivalent to these types of agreements.
        (6) A lessee under a lease contract.
        (7) An actual or a purported transferee or an assignee of a rightor an interest of a buyer, a purchaser, or a lessee.
As added by P.L.80-1990, SEC.16.

IC 24-5-16-15
Remedies
    Sec. 15. The court in an action under section 14 of this chaptermay award the following:
        (1) Actual damages.
        (2) Equitable relief, including an injunction and restitution ofmoney and property.
        (3) Punitive damages.        (4) Reasonable attorney's fees and costs.
        (5) Any other relief the court considers proper.
As added by P.L.80-1990, SEC.16.

IC 24-5-16-16
Class A misdemeanor
    Sec. 16. A person who knowingly or intentionally engages in anact of unlawful subleasing of a vehicle as described in section 12 ofthis chapter commits a Class A misdemeanor.
As added by P.L.80-1990, SEC.16.

IC 24-5-16-17
Additional remedies or penalties
    Sec. 17. The remedies and penalties under this chapter are inaddition to any other remedies or penalties provided by law for theconduct proscribed by this chapter.
As added by P.L.80-1990, SEC.16.

IC 24-5-16-18
Violation; deceptive act; remedies and penalties
    Sec. 18. A person who violates this chapter commits a deceptiveact that is actionable by the attorney general and is subject to theremedies and penalties under IC 24-5-0.5.
As added by P.L.80-1990, SEC.16.

IC 24-5-16-19
Severability
    Sec. 19. This chapter is severable in the manner provided byIC 1-1-1-8.
As added by P.L.80-1990, SEC.16.