Sec. 5. A civil action to enforce this chapter or IC 10-16-7-23 may be brought in any court with jurisdiction by the attorney general against any person that knowingly or intentionally violates any provision of this chapter. The court may:

(1) issue an injunction;

Terms Used In Indiana Code 10-16-20-5

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) order the person to make a payment of money;

(A) unlawfully received from; or

(B) required to be refunded to;

one (1) or more servicemembers;

(3) order the person to pay to the state the reasonable costs of the attorney general’s investigation and prosecution related to the action; and

(4) order the person to pay to the state a civil penalty not greater than five thousand dollars ($5,000) per violation.

However, a court may not proceed if relief from the violation has already been granted under the federal Servicemembers Civil Relief Act.

As added by P.L.156-2015, SEC.4.

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