IC 33-32-4-1 "Electronic funds transfer" defined
Sec. 1. As used in this chapter, "electronic funds transfer" means
any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, that is initiated through an
electronic terminal, a telephone, or a computer or magnetic tape for
the purpose of ordering, instructing, or authorizing a financial
institution to debit or credit an account. As added by P.L.98-2004, SEC.11.
IC 33-32-4-2 "Indiana support enforcement tracking system (ISETS)" defined
Sec. 2. As used in this chapter, "Indiana support enforcement
tracking system (ISETS)" refers to the statewide automated system
for the collection, disbursement, and distribution of child support
payments established by the department of child services. As added by P.L.98-2004, SEC.11. Amended by P.L.145-2006,
SEC.365.
IC 33-32-4-3 Receipt of funds
Sec. 3. The clerk may receive funds:
(1) in payment of judgments; and
(2) ordered to be paid into the court by the judge. As added by P.L.98-2004, SEC.11.
IC 33-32-4-4 Clerk's liability
Sec. 4. Except as provided in sections 5 and 8 of this chapter, the
clerk is liable, with the clerk's sureties, on the clerk's official bond
for all funds received to any person who is entitled to demand and
receive those funds from the clerk. As added by P.L.98-2004, SEC.11.
IC 33-32-4-5 State central collection unit and clerk not liable
Sec. 5. The state central collection unit is not liable and the clerk
is not personally liable or liable in the clerk's official capacity on the
clerk's official bond for funds received if the state central collection
unit or the clerk:
(1) through error or in accordance with the best information
available to the state central collection unit or the clerk,
disbursed the funds to a person the state central collection unit
or the clerk reasonably believed to be entitled to receive the
funds and to comply with a:
(A) child support order; or
(B) garnishment order;
(2) inappropriately disbursed or misapplied child support funds,
arising without the knowledge or approval of the state central
collection unit or the clerk, that resulted from:
(A) an action by an employee of, or a consultant to, the
department of child services or the Title IV-D agency;
(B) an ISETS technological error; or
(C) information generated by ISETS;
(3) disbursed funds that the state central collection unit or the
clerk reasonably believed were available for disbursement but
that were not actually available for disbursement;
(4) disbursed child support funds paid to the central collection
unit by a personal check that was later dishonored by a financial
institution; and
(5) did not commit a criminal offense as a part of the
disbursement. As added by P.L.98-2004, SEC.11. Amended by P.L.145-2006,
SEC.366; P.L.148-2006, SEC.31.
IC 33-32-4-6 Improper disbursement of funds
Sec. 6. If the state central collection unit or the clerk improperly
disburses funds in the manner described by section 5 of this chapter,
the state central collection unit or the clerk shall do the following:
(1) Deduct the amount of funds improperly disbursed from fees
collected under IC 33-37-5-6.
(2) Credit each account from which funds were improperly
disbursed with the amount of funds improperly disbursed under
section 5 of this chapter.
(3) Notify the prosecuting attorney of the county of:
(A) the amount of the improper disbursement;
(B) the person from whom the amount of the improper
disbursement should be collected; and
(C) any other information to assist the prosecuting attorney
to collect the amount of the improper disbursement.
(4) Record each action taken under this subsection on a form
prescribed by the state board of accounts. As added by P.L.98-2004, SEC.11. Amended by P.L.148-2006,
SEC.32.
IC 33-32-4-7 Reimbursement
Sec. 7. If:
(1) fees collected under IC 33-37-5-6 are credited to an account
under section 6(2) of this chapter because a check or money
order was dishonored by a financial institution or was the
subject of a stop payment order; and
(2) a person subsequently pays to the clerk all or part of the
amount of the check or money order that was dishonored or the
subject of a stop payment order;
the clerk must reimburse the account containing fees collected under
IC 33-37-5-6 using the amount the person paid to the clerk. As added by P.L.98-2004, SEC.11.
IC 33-32-4-8 Dishonored checks
Sec. 8. The clerk is not personally liable for the amount of a
dishonored check, for penalties assessed against a dishonored check,
or for financial institution charges relating to a dishonored check, if:
(1) the check was tendered to the clerk for the payment of a:
(A) fee;
(B) court ordered payment; or
(C) license; and
(2) the acceptance of the check was not an act or omission
constituting gross negligence or an intentional disregard of the
responsibilities of the office of clerk. As added by P.L.98-2004, SEC.11.
IC 33-32-4-9
Repealed
(Repealed by P.L.148-2006, SEC.35.)
IC 33-32-4-1 "Electronic funds transfer" defined
Sec. 1. As used in this chapter, "electronic funds transfer" means
any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, that is initiated through an
electronic terminal, a telephone, or a computer or magnetic tape for
the purpose of ordering, instructing, or authorizing a financial
institution to debit or credit an account. As added by P.L.98-2004, SEC.11.
IC 33-32-4-2 "Indiana support enforcement tracking system (ISETS)" defined
Sec. 2. As used in this chapter, "Indiana support enforcement
tracking system (ISETS)" refers to the statewide automated system
for the collection, disbursement, and distribution of child support
payments established by the department of child services. As added by P.L.98-2004, SEC.11. Amended by P.L.145-2006,
SEC.365.
IC 33-32-4-3 Receipt of funds
Sec. 3. The clerk may receive funds:
(1) in payment of judgments; and
(2) ordered to be paid into the court by the judge. As added by P.L.98-2004, SEC.11.
IC 33-32-4-4 Clerk's liability
Sec. 4. Except as provided in sections 5 and 8 of this chapter, the
clerk is liable, with the clerk's sureties, on the clerk's official bond
for all funds received to any person who is entitled to demand and
receive those funds from the clerk. As added by P.L.98-2004, SEC.11.
IC 33-32-4-5 State central collection unit and clerk not liable
Sec. 5. The state central collection unit is not liable and the clerk
is not personally liable or liable in the clerk's official capacity on the
clerk's official bond for funds received if the state central collection
unit or the clerk:
(1) through error or in accordance with the best information
available to the state central collection unit or the clerk,
disbursed the funds to a person the state central collection unit
or the clerk reasonably believed to be entitled to receive the
funds and to comply with a:
(A) child support order; or
(B) garnishment order;
(2) inappropriately disbursed or misapplied child support funds,
arising without the knowledge or approval of the state central
collection unit or the clerk, that resulted from:
(A) an action by an employee of, or a consultant to, the
department of child services or the Title IV-D agency;
(B) an ISETS technological error; or
(C) information generated by ISETS;
(3) disbursed funds that the state central collection unit or the
clerk reasonably believed were available for disbursement but
that were not actually available for disbursement;
(4) disbursed child support funds paid to the central collection
unit by a personal check that was later dishonored by a financial
institution; and
(5) did not commit a criminal offense as a part of the
disbursement. As added by P.L.98-2004, SEC.11. Amended by P.L.145-2006,
SEC.366; P.L.148-2006, SEC.31.
IC 33-32-4-6 Improper disbursement of funds
Sec. 6. If the state central collection unit or the clerk improperly
disburses funds in the manner described by section 5 of this chapter,
the state central collection unit or the clerk shall do the following:
(1) Deduct the amount of funds improperly disbursed from fees
collected under IC 33-37-5-6.
(2) Credit each account from which funds were improperly
disbursed with the amount of funds improperly disbursed under
section 5 of this chapter.
(3) Notify the prosecuting attorney of the county of:
(A) the amount of the improper disbursement;
(B) the person from whom the amount of the improper
disbursement should be collected; and
(C) any other information to assist the prosecuting attorney
to collect the amount of the improper disbursement.
(4) Record each action taken under this subsection on a form
prescribed by the state board of accounts. As added by P.L.98-2004, SEC.11. Amended by P.L.148-2006,
SEC.32.
IC 33-32-4-7 Reimbursement
Sec. 7. If:
(1) fees collected under IC 33-37-5-6 are credited to an account
under section 6(2) of this chapter because a check or money
order was dishonored by a financial institution or was the
subject of a stop payment order; and
(2) a person subsequently pays to the clerk all or part of the
amount of the check or money order that was dishonored or the
subject of a stop payment order;
the clerk must reimburse the account containing fees collected under
IC 33-37-5-6 using the amount the person paid to the clerk. As added by P.L.98-2004, SEC.11.
IC 33-32-4-8 Dishonored checks
Sec. 8. The clerk is not personally liable for the amount of a
dishonored check, for penalties assessed against a dishonored check,
or for financial institution charges relating to a dishonored check, if:
(1) the check was tendered to the clerk for the payment of a:
(A) fee;
(B) court ordered payment; or
(C) license; and
(2) the acceptance of the check was not an act or omission
constituting gross negligence or an intentional disregard of the
responsibilities of the office of clerk. As added by P.L.98-2004, SEC.11.
IC 33-32-4-9
Repealed
(Repealed by P.L.148-2006, SEC.35.)
IC 33-32-4-1 "Electronic funds transfer" defined
Sec. 1. As used in this chapter, "electronic funds transfer" means
any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, that is initiated through an
electronic terminal, a telephone, or a computer or magnetic tape for
the purpose of ordering, instructing, or authorizing a financial
institution to debit or credit an account. As added by P.L.98-2004, SEC.11.
IC 33-32-4-2 "Indiana support enforcement tracking system (ISETS)" defined
Sec. 2. As used in this chapter, "Indiana support enforcement
tracking system (ISETS)" refers to the statewide automated system
for the collection, disbursement, and distribution of child support
payments established by the department of child services. As added by P.L.98-2004, SEC.11. Amended by P.L.145-2006,
SEC.365.
IC 33-32-4-3 Receipt of funds
Sec. 3. The clerk may receive funds:
(1) in payment of judgments; and
(2) ordered to be paid into the court by the judge. As added by P.L.98-2004, SEC.11.
IC 33-32-4-4 Clerk's liability
Sec. 4. Except as provided in sections 5 and 8 of this chapter, the
clerk is liable, with the clerk's sureties, on the clerk's official bond
for all funds received to any person who is entitled to demand and
receive those funds from the clerk. As added by P.L.98-2004, SEC.11.
IC 33-32-4-5 State central collection unit and clerk not liable
Sec. 5. The state central collection unit is not liable and the clerk
is not personally liable or liable in the clerk's official capacity on the
clerk's official bond for funds received if the state central collection
unit or the clerk:
(1) through error or in accordance with the best information
available to the state central collection unit or the clerk,
disbursed the funds to a person the state central collection unit
or the clerk reasonably believed to be entitled to receive the
funds and to comply with a:
(A) child support order; or
(B) garnishment order;
(2) inappropriately disbursed or misapplied child support funds,
arising without the knowledge or approval of the state central
collection unit or the clerk, that resulted from:
(A) an action by an employee of, or a consultant to, the
department of child services or the Title IV-D agency;
(B) an ISETS technological error; or
(C) information generated by ISETS;
(3) disbursed funds that the state central collection unit or the
clerk reasonably believed were available for disbursement but
that were not actually available for disbursement;
(4) disbursed child support funds paid to the central collection
unit by a personal check that was later dishonored by a financial
institution; and
(5) did not commit a criminal offense as a part of the
disbursement. As added by P.L.98-2004, SEC.11. Amended by P.L.145-2006,
SEC.366; P.L.148-2006, SEC.31.
IC 33-32-4-6 Improper disbursement of funds
Sec. 6. If the state central collection unit or the clerk improperly
disburses funds in the manner described by section 5 of this chapter,
the state central collection unit or the clerk shall do the following:
(1) Deduct the amount of funds improperly disbursed from fees
collected under IC 33-37-5-6.
(2) Credit each account from which funds were improperly
disbursed with the amount of funds improperly disbursed under
section 5 of this chapter.
(3) Notify the prosecuting attorney of the county of:
(A) the amount of the improper disbursement;
(B) the person from whom the amount of the improper
disbursement should be collected; and
(C) any other information to assist the prosecuting attorney
to collect the amount of the improper disbursement.
(4) Record each action taken under this subsection on a form
prescribed by the state board of accounts. As added by P.L.98-2004, SEC.11. Amended by P.L.148-2006,
SEC.32.
IC 33-32-4-7 Reimbursement
Sec. 7. If:
(1) fees collected under IC 33-37-5-6 are credited to an account
under section 6(2) of this chapter because a check or money
order was dishonored by a financial institution or was the
subject of a stop payment order; and
(2) a person subsequently pays to the clerk all or part of the
amount of the check or money order that was dishonored or the
subject of a stop payment order;
the clerk must reimburse the account containing fees collected under
IC 33-37-5-6 using the amount the person paid to the clerk. As added by P.L.98-2004, SEC.11.
IC 33-32-4-8 Dishonored checks
Sec. 8. The clerk is not personally liable for the amount of a
dishonored check, for penalties assessed against a dishonored check,
or for financial institution charges relating to a dishonored check, if:
(1) the check was tendered to the clerk for the payment of a:
(A) fee;
(B) court ordered payment; or
(C) license; and
(2) the acceptance of the check was not an act or omission
constituting gross negligence or an intentional disregard of the
responsibilities of the office of clerk. As added by P.L.98-2004, SEC.11.
IC 33-32-4-9
Repealed
(Repealed by P.L.148-2006, SEC.35.)
