CHAPTER 11. ENFORCEMENT OF FOREIGN JUDGMENTS
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 inaccordance with 28 U.S.C. 1963 or the statutes of this state may befiled in the office of the clerk of any court of record in a county inIndiana.
(b) The clerk of the court in which the copy is filed shall treat theforeign judgment in the same manner as a judgment of an Indianacourt.
(c) A foreign judgment filed under subsection (a) has the sameeffect and is subject to the same procedures, defenses, andproceedings for reopening, vacating, or staying as a judgment enteredby 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, thejudgment creditor filing a foreign judgment under this chapter mustfile an affidavit with the clerk of the court in which the foreignjudgment is filed at the time the foreign judgment is filed. Theaffidavit 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 thejudgment debtor at the address given and shall make an entry of themailing 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, ifany.
(d) The judgment creditor shall:
(1) mail a notice of the filing of the judgment to the judgmentdebtor; and
(2) file proof of mailing with the clerk.
(e) Lack of mailing notice by the clerk does not affect theenforcement of proceedings if proof of mailing by the judgmentcreditor has been filed.
(f) Execution or other process for the enforcement of a foreignjudgment may not be issued earlier than twenty-one (21) days afterthe 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.
IC 34-54-11-3 Filing fee
Sec. 3. (a) The filing fee for a foreign judgment is the same as thefee for filing a cause of action with the clerk of the court in which theforeign 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 whoseclerk 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 beengranted; and
(2) that the judgment debtor has furnished the security, if any,for the judgment required under the jurisdiction in which theforeign judgment was rendered;
the court shall stay enforcement of the foreign judgment until theappeal is concluded, the time for appeal expires, or the stay ofexecution expires or is vacated.
(b) If:
(1) the judgment debtor shows the court grounds upon whichenforcement of a judgment of a court of Indiana would bestayed; and
(2) the judgment debtor gives the court security for thejudgment debt;
the court shall stay enforcement of the foreign judgment for the sameperiod as would be appropriate to stay enforcement for a similarjudgment 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 tobring 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 toeffectuate its general purpose to make uniform the law of those statesthat enact the uniform enforcement of foreign judgments act.
As added by P.L.63-2010, SEC.4.
IC 34-54-11-7
Citation
Sec. 7. This chapter may be cited as the "Uniform Enforcement ofForeign Judgments Act".As added by P.L.63-2010, SEC.5.