March 21, 2003





ENGROSSED

HOUSE BILL No. 1102

_____


DIGEST OF HB 1102 (Updated March 20, 2003 9:55 AM - DI 106)



Citations Affected: IC 34-6; IC 34-54.

Synopsis: Enforcement of foreign judgments. Provides for the filing in an Indiana court of the judgment decree or order of a U.S. court, the court of another state, or another court to which Indiana extends full faith and credit.

Effective: July 1, 2003.





Koch , Kuzman
(SENATE SPONSORS _ LONG, BRODEN)




    January 7, 2003, read first time and referred to Committee on Judiciary.
    February 6, 2003, amended, reported _ Do Pass.
    February 10, 2003, read second time, ordered engrossed. Engrossed.
    February 11, 2003, read third time, passed. Yeas 94, nays 2.

SENATE ACTION

    February 24, 2003, read first time and referred to Committee on Judiciary.
    March 20, 2003, amended, reported favorably _ Do Pass.






March 21, 2003

First Regular Session 113th General Assembly (2003)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2002 Regular or Special Session of the General Assembly.


ENGROSSED

HOUSE BILL No. 1102



    A BILL FOR AN ACT to amend the Indiana Code concerning civil procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 34-6-2-48.3; (03)EH1102.1.1. -->     SECTION 1. IC 34-6-2-48.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 48.3. "Foreign judgment", for purposes of IC 34-54-11, means a judgment decree or order of a court:
        (1) of the United States;
        (2) of a state other than Indiana; or
        (3) that is entitled to the full faith and credit of Indiana.
The term does not include a foreign protection order.

SOURCE: IC 34-54-11; (03)EH1102.1.2. -->     SECTION 2. IC 34-54-11 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]:
     Chapter 11. Enforcement of Foreign Judgments
    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.
    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.

    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.
    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.
    Sec. 5. This chapter does not impair a judgment creditor's right to bring an action to enforce a foreign judgment by other means.