Indiana § 9-32-19-31 - Civil action

§ 9-32-19-31. Civil action

Sec. 31. (a) A recreational vehicle dealer, recreational vehicle manufacturer, recreational vehicle distributor, or warrantor injured by another party's violation of this chapter may bring a civil action in a circuit court or superior court having jurisdiction in the county in which the recreational vehicle dealer is located to recover actual damages.

(b) In an action involving more than one (1) recreational vehicle dealer, the venue shall be in any county in which at least one (1) of the recreational vehicle dealers that is a party to the action is located.

(c) This subsection does not apply to a civil action for injunctive relief. Before bringing a civil action under this section, the party must serve a written demand for mediation on the offending party as follows:

(1) A demand for mediation shall be served upon the offending party via certified mail at the address stated within the recreational vehicle dealer agreement or, if the address is not contained in the recreational vehicle dealer agreement or the address is no longer valid, the address on the offending party's license filed with the secretary. In the event of a civil action between two (2) recreational vehicle dealers, the demand must be mailed to the address on the recreational vehicle dealer's license filed with the secretary.

(2) A demand for mediation must contain a brief statement of the dispute and the relief sought by the party filing the demand.

(3) Not later than twenty (20) days after the date a demand for mediation is served, the parties shall mutually select an independent mediator and meet with the mediator. The meeting must take place in Indiana in a location selected by the mediator. The mediator may extend the date of the meeting for good cause shown by either party or upon stipulation of both parties.

(d) Serving a demand for mediation acts as an agreement to stay the filing of a civil action for a violation of this chapter until after the parties have met with the mediator. If a civil action is filed before the meeting with the mediator, the court shall enter an order suspending the civil action until the meeting with the mediator has occurred. The court may, upon written stipulation of the parties, enter an order suspending the civil action for as long as the court considers appropriate if the parties wish to continue mediation.

(e) The parties to the mediation each bear the cost of attorney's fees and must divide the cost of the mediator equally.

(f) In addition to the remedies provided in this section and notwithstanding the existence of an additional remedy at law, a recreational vehicle dealer, recreational vehicle manufacturer, or recreational vehicle distributor may apply to a circuit court or superior court having jurisdiction over the claim, upon a hearing and for good cause shown, for a temporary or permanent injunction, or both, to restrain a party from violating or continuing to violate a provision of this chapter or from failing or refusing to comply with the requirements of this chapter. An injunction under this subsection must be issued without bond. A single act in violation of the provisions of this chapter is sufficient to authorize the issuance of an injunction under this subsection.

As added by P.L.42-2025, SEC.40.