Sec. 13. (a) A person not described in section 12 of this chapter that sells a vehicle under this chapter may retain from the proceeds of sale the cost of publication of notice and the cost of preserving the vehicle during the period of the vehicle’s abandonment. The person shall pay the remaining balance of the proceeds of the sale to the circuit court clerk of the county in which the vehicle is located.

     (b) At any time within ten (10) years after the money is paid to the clerk, the person that owns the vehicle sold under this chapter may make a claim with the clerk for the sale proceeds deposited with the clerk. If ownership of the proceeds is established to the satisfaction of the clerk, the clerk shall pay the proceeds to the person that owns the vehicle.

Terms Used In Indiana Code 9-22-5-13

  • 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
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
     (c) If a claim for the proceeds of the sale of a vehicle under subsection (b) is not made within ten (10) years, claims for the proceeds are barred. The clerk shall notify the attorney general and upon demand pay the proceeds to the attorney general. The attorney general shall turn the proceeds over to the treasurer of state. The proceeds vest in and escheat to the state general fund.

[Pre-1991 Recodification Citation: 9-9-2-5 part.]

As added by P.L.2-1991, SEC.10. Amended by P.L.246-2005, SEC.87; P.L.125-2012, SEC.153; P.L.198-2016, SEC.412.

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