Sec. 2. As used in this chapter, “qualifying claim” means a claim that:

(1) subject to section 5(b) of this chapter, is filed with the secretary on a form prescribed by the secretary; and

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Terms Used In Indiana Code 9-32-18-2

  • 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
  • fund: means the consumer restitution fund established by section 4 of this chapter. See Indiana Code 9-32-18-1
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • 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.
  • qualifying individual: means an Indiana resident who:

    Indiana Code 9-32-18-3

  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(2) is based on:

(A) a final judgment in a court with jurisdiction in Indiana that:

(i) is issued in a case instituted or maintained by the office of the attorney general in connection with a case involving a violation by one (1) or more dealers of IC 9-19, IC 9-22, IC 9-32 or a rule adopted under the authority of IC 9-32, or IC 24-5-0.5; and

(ii) awards restitution to one (1) or more qualifying individuals; or

(B) a final administrative order issued under IC 9-32-16-2;

(3) identifies each qualifying individual who:

(A) has been awarded restitution in the order described in subdivision (2); and

(B) seeks payment from the fund through the claim submitted;

(4) attests that the dealer ordered to pay the restitution has not paid the full amount ordered with respect to each qualifying individual identified under subdivision (3); and

(5) seeks payment from the fund of any amount of restitution:

(A) ordered by the court or ordered under IC 9-32-16-2; and

(B) not paid by the dealer ordered to pay the restitution with respect to each qualifying individual identified under subdivision (3).

As added by P.L.179-2017, SEC.97.

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