Indiana § 15-19-8-31 - Failure to remit assessments; comments; civil action; penalty

§ 15-19-8-31. Failure to remit assessments; comments; civil action; penalty

Sec. 31. (a) If a first purchaser fails to remit the assessments collected during a period specified in section 29 of this chapter not more than thirty (30) days after the end of the period, the IPPA shall contact the first purchaser and allow the first purchaser to present comments to the IPPA concerning:

(1) the status and amount of the assessments due; and

(2) reasons why the IPPA should not bring legal action against the first purchaser.

(b) After allowing a first purchaser the opportunity to present comments, the IPPA:

(1) may adjust the amount of the assessments due, if the first purchaser's comments reveal that the IPPA's figure is inaccurate;

(2) may assess a penalty against the first purchaser;

(3) shall:

(A) assess a fee for an unpaid assessment due to the IPPA from a person responsible for remitting assessments at the rate of two percent (2%) of the amount of the unpaid assessment each month, beginning with the day following the date the assessment is due under this subsection; and

(B) if there is any remaining amount due after the assessment of the fee under clause (A), assess a fee at the same rate on the corresponding day of each month thereafter until the entire amount of the unpaid assessment is paid;

(4) shall compute the amounts payable on unpaid assessments under this section monthly and include any unpaid late charges previously applied under this section; and

(5) shall determine the date of a payment for purposes of this subsection by the postmark applied to the remitting envelope or date Automated Clearing House (ACH) transfer is originated.

(c) If a first purchaser fails to remit assessments after being allowed to present comments under subsection (a) or to pay any penalty assessed under subsection (b), the IPPA may bring a civil action against the first purchaser in a circuit, superior, or municipal court of any county. The action must be tried and a judgment rendered as in any other proceeding for the collection of a debt. In an action under this subsection, the IPPA may obtain:

(1) a judgment in the amount of all unremitted assessments and any unpaid penalty; and

(2) an award of the costs of bringing the action.

As added by P.L.8-2026, SEC.2.