Indiana § 37-1-4-12 - Civil action by department for willful violation; imposition of civil penalty by department; restitution
Full text of Indiana Indiana Code § 37-1-4-12 — Civil action by department for willful violation; imposition of civil penalty by department; restitution, with citation guidance and answers to common questions.
§ 37-1-4-12. Civil action by department for willful violation; imposition of civil penalty by department; restitution
Sec. 12. (a) The department may bring a civil action against a creditor or a person acting on behalf of the creditor to recover a civil penalty for willfully violating this article. If the court finds that the defendant has engaged in a course of repeated and willful violations of this article, the court may assess a civil penalty of not more than five thousand dollars ($5,000). A civil penalty may not be imposed under this subsection:
(1) for violations of this article occurring more than two (2) years before the action is brought; or
(2) for making unconscionable agreements or engaging in a course of fraudulent or unconscionable conduct.
(b) If the department determines, after notice and an opportunity to be heard, that a person has violated this article, the department may, in addition to or instead of all other remedies available under this section, impose upon the person a civil penalty not greater than ten thousand dollars ($10,000) per violation.
(c) If the department determines, after notice and opportunity to be heard, that a person has willfully violated this article, the department may, in addition to or instead of all other remedies available under this section, order restitution against the person subject to this article for a violation of this article.
[Pre-2026 Revision Citation: 24-4.4-3-111.]
As added by P.L.115-2026, SEC.97.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 37-1-4-12
What does Indiana Code § 37-1-4-12 cover?
Section 37-1-4-12 ("Civil action by department for willful violation; imposition of civil penalty by department; restitution") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 37-1-4-12?
A common citation format is "Indiana Code § 37-1-4-12" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 37-1-4-12 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.