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24-5-15.5-5. Plaintiff debt buyer; initial pleading; required documentation

IN Code § 24-5-15.5-5 (2019) (N/A)
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Sec. 5. (a) If a debt buyer brings an action on a debt, or an arbitration proceeding requesting a judgment on a debt, the plaintiff debt buyer shall attach with the initial pleading the following:

(1) One (1) of the following:

(A) If a signed contract or other writing evidencing the debtor's agreement to the debt exists, a copy of the contract or other writing.

(B) If a signed contract or other writing evidencing the debtor's agreement to the debt does not exist, a copy of a document provided to the debtor while the account was active.

However, for a revolving credit account, a copy of a charge off statement or the most recent monthly statement recording a purchase transaction, a last payment, or a balance transfer is sufficient to satisfy this requirement.

(2) A chronological list of the:

(A) names of all previous owners of the debt and date of each transfer of ownership of the debt, beginning with the name of the original charge off creditor; and

(B) documentation, or a bill of sale, evidencing the assignment of the debt to the plaintiff debt buyer.

(b) An initial pleading described in subsection (a) is sufficient if the plaintiff debt buyer complies with subsection (a)(1) and (a)(2).

As added by P.L.280-2019, SEC.6.

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