Indiana’s Take On MERS, Part II: The “Straw Man”
Reprint: Indiana Foreclosure Process And Timing - The Basics

Domesticating An Out-Of-State Judgment In Indiana

Recently, the Indiana State Bar Association's listserve for the Bankruptcy and Creditor's Rights section had an inquiry regarding other lawyer's experiences with domesticating foreign judgments under the relatively new statute Ind. Code Section 34-54-11.  I've written about the statute and procedure here, most recently in my post dated 2/4/11 "6 Steps to Enforce a Foreign Judgment in Indiana."

Evidently, the reviews of the statute are mixed, due in large part to clerk's offices and court's staffs either not being familiar with the new statute or not fully understanding its meaning and purpose.  Admittedly, the procedure called for under the statute is quite unique.  I've seen where some lawyers have abandoned the new procedure in favor of the "old school" method of filing a new action (complaint). 

For what it's worth, we've encountered some questions from clerks and courts, but we've been able to work through those questions without too much trouble.  We've found that I.C. 34-54-11 has been an expeditious and cost-effective way to get the job done.  The statute has some quirks and kinks that hopefully will be resolved over time, but overall we recommend that out of state judgment creditors utilize this "new school" mechanism to enforce their judgments.  As always, I welcome emails or comments on the matter. 

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