Indiana § 14-38-2-15 - Filing action against nonresident; service of process; affidavit; continuances

§ 14-38-2-15. Filing action against nonresident; service of process; affidavit; continuances

Sec. 15. (a) An action against a nonresident may be filed in the county:

(1) of residence of the plaintiff; or

(2) where the test hole is located;

at the election of the plaintiff.

(b) Service of process shall be made by leaving a copy of the process, with a fee of two dollars ($2) for the defendant to be served, with the secretary of state. The service is sufficient service upon a nonresident if:

(1) notice of the service and a copy of the process are immediately sent by registered mail to the defendant; and

(2) the defendant's return receipt is appended to the original process and filed in court.

(c) If the defendant refuses to accept or claim registered mail, the secretary of state shall return the registered mail to the plaintiff or to the plaintiff's attorney. The registered mail shall be appended to the original process, together with an affidavit of the plaintiff or the plaintiff's attorney or agent to the effect that the summons was:

(1) delivered to the secretary of state, together with a fee of two dollars ($2); and

(2) returned unclaimed by the United States Postal Service.

(d) The affidavit, together with the returned envelope and the summons, is considered sufficient service upon the nonresident defendant.

(e) The court in which the action is brought may order continuances that are reasonable to afford the defendant an opportunity to defend the action.

[Pre-1995 Recodification Citation: 13-4-5-9(b).]

As added by P.L.1-1995, SEC.31.