Indiana § 24-5-15-11 - Violations; penalties; court jurisdiction

§ 24-5-15-11. Violations; penalties; court jurisdiction

Sec. 11. A person who violates this chapter commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4 and is subject to the penalties and remedies available to the attorney general under IC 24-5-0.5. An action by the attorney general for violations of this chapter may be brought in the circuit or superior court of Marion County.

As added by P.L.142-1990, SEC.1.

IC 24-5-15.5Chapter 15.5. Debt Buyers

24-5-15.5-1Applicability 24-5-15.5-2"Debt" 24-5-15.5-3"Debt buyer" 24-5-15.5-4"Person" 24-5-15.5-5Plaintiff debt buyer; initial pleading; required documentation 24-5-15.5-6Failure to comply; deceptive act

IC 24-5-15.5-1Applicability Sec. 1. This chapter applies after December 31, 2019.

As added by P.L.280-2019, SEC.6.

IC 24-5-15.5-2"Debt" Sec. 2. As used in this chapter, "debt" has the meaning set forth in 15 U.S.C. 1692a(5).

As added by P.L.280-2019, SEC.6. Amended by P.L.156-2020, SEC.89.

IC 24-5-15.5-3"Debt buyer" Sec. 3. (a) As used in this chapter, "debt buyer" means a person that is regularly engaged in the business of purchasing debt for collection purposes, regardless of whether the person:

(1) collects the debt;

(2) hires another person to collect the debt; or

(3) hires an attorney for litigation connected to collection of the debt.

(b) The term does not include a person that acquires a debt incidental to the purchase of a portfolio that predominantly consists of debt that has not been charged off.

As added by P.L.280-2019, SEC.6.

IC 24-5-15.5-4"Person" Sec. 4. As used in this chapter, "person" has the meaning set forth in IC 24-5-0.5-2.

As added by P.L.280-2019, SEC.6.

IC 24-5-15.5-5Plaintiff debt buyer; initial pleading; required documentation Sec. 5. (a) If a debt buyer brings an action on a debt, or an arbitration proceeding requesting a judgment on a debt, the plaintiff debt buyer shall attach with the initial pleading the following:

(1) One (1) of the following:

(A) If a signed contract or other writing evidencing the debtor's agreement to the debt exists, a copy of the contract or other writing.

(B) If a signed contract or other writing evidencing the debtor's agreement to the debt does not exist, a copy of a document provided to the debtor while the account was active.

However, for a revolving credit account, a copy of a charge off statement or the most recent monthly statement recording a purchase transaction, a last payment, or a balance transfer is sufficient to satisfy this requirement.

(2) A chronological list of the:

(A) names of all previous owners of the debt and date of each transfer of ownership of the debt, beginning with the name of the original charge off creditor; and

(B) documentation, or a bill of sale, evidencing the assignment of the debt to the plaintiff debt buyer.

(b) An initial pleading described in subsection (a) is sufficient if the plaintiff debt buyer complies with subsection (a)(1) and (a)(2).

As added by P.L.280-2019, SEC.6.

IC 24-5-15.5-6Failure to comply; deceptive act Sec. 6. Failure of a plaintiff debt buyer described in section 5 of this chapter to comply with section 5(a) of this chapter is a deceptive act that is actionable by the attorney general under IC 24-5-0.5 and is subject to the penalties listed in IC 24-5-0.5.

As added by P.L.280-2019, SEC.6.

IC 24-5-16Chapter 16. Unlawful Motor Vehicle Subleasing

24-5-16-1"Buyer" defined 24-5-16-2"Direct loan agreement" defined 24-5-16-3"Installment sale agreement" defined 24-5-16-4"Lease contract" defined 24-5-16-5"Person" defined 24-5-16-6"Purchaser" defined 24-5-16-7"Secured party" defined 24-5-16-8"Security agreement" defined 24-5-16-9"Security interest" defined 24-5-16-10"Seller" defined 24-5-16-11"Vehicle" defined 24-5-16-12Unlawful subleasing; conditions 24-5-16-13Transfer or assignment of right or interest in vehicle under lease contract 24-5-16-14Civil action 24-5-16-15Remedies 24-5-16-16Class A misdemeanor 24-5-16-17Additional remedies or penalties 24-5-16-18Violation; deceptive act; remedies and penalties 24-5-16-19Severability