Indiana Agreed Judgment of Forfeiture

State:
Multi-State
Control #:
US-01612
Format:
Word; 
Rich Text
Instant download

Description

This is an Agreed Judgment for Forfeiture of a vehicle upon which payments have not been made. Any money improperly held by creditor is agreed returned to debtor. Adapt to fit your circumstances.

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FAQ

The Court entered a judgment against you. When a judgment does not get paid, the Plaintiff is allowed to ask the Court to require the Defendant to come to a hearing so the Plaintiff can find out if the Defendant has any income or property which the Court can require the Defendant to use to pay towards the judgment.

Petitioner argued that the forfeiture was excessive in violation of the Eight Amendment's excessive fines clause. The trial court and the Indiana Court of Appeals Court held that the forfeiture was excessive, in part because the maximum statutory fine for dealing with controlled substances was $10,000.

The Court argued that the Eighth Amendment only applies for federal actions and does not prohibit state or local laws from imposing excessive fines, and that the Supreme Court had yet to issue any decision that incorporated the excessive fines clause of the Eighth Amendment to the states.

The judgment lien definition is that if you owe a creditor money and don't pay, they can sue you for the balance. If the court rules in their favor, the creditor can file a judgment lien against you, which means that the court has permitted them to forcefully collect that debt from you.

In Indiana, the statute of limitations by judgment is ten years, but it can be renewed, further extending the collection period. This means once a creditor makes a charge against the debtor, the judgment is collectible for up to ten years.

INDIANAPOLIS (AP) ? Indiana residents are entitled to a trial by jury when the government seeks to confiscate their money or property through the civil forfeiture process, the state's high court ruled.

After the judgment is obtained, the creditor can enforce the lien right for the first ten years by attempting to foreclose on any real property or personal property the judgment debtor owns.

Effective July 1, 2021, the maximum amount that can be sought in Small Claims Court is $10,000.00. Court dates are given 6 weeks in advance, and the notice to the defendant is sent Certified Mail, unless otherwise specified when filing.

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Indiana Agreed Judgment of Forfeiture