Sec. 52. (a) The complaint for a foreclosure action under this chapter need not set forth the specific proceedings leading to the final assessment. However, the complaint must include the following information:

(1) The date on which the contract for the improvement was finally let.

Terms Used In Indiana Code 36-9-36-52

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) The name of the improvement.

(3) The amount and date of the assessment.

(4) A statement that the assessment is unpaid.

(5) A description of the property on which the assessment was levied.

     (b) At the trial of a foreclosure action, the plaintiff is not required to introduce proof of the proceedings before the works board leading to the final assessment. However, the plaintiff must introduce the final assessment roll or a copy of the final assessment roll. The final assessment roll or the copy of the final assessment roll must be properly certified.

     (c) The final assessment roll or the copy is presumptive evidence that the works board took all actions required to be taken in making the final assessment.

As added by P.L.98-1993, SEC.7.