Indiana Code 32-30-3-16. Action to quiet title; service
(1) all resident and nonresident defendants whose residence is known; and
Terms Used In Indiana Code 32-30-3-16
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
(b) Service on a known defendant by:
(1) the defendant’s individual name;
(2) the name by which the defendant appears of record;
(3) the name by which the defendant is commonly known; or
(4) the defendant’s surname if the defendant’s first name is unknown;
is sufficient, legal, and binding on and against all persons claiming from, through, or under the defendant.
(c) If a plaintiff serves a defendant by the defendant’s surname only, the plaintiff or the plaintiff’s attorney shall file an affidavit stating that the plaintiff does not know and has not, after diligent inquiry, been able to ascertain the first name of the defendant.
[Pre-2002 Recodification Citation: 32-6-5-1.]
As added by P.L.2-2002, SEC.15.