EFFECTIVE JULY 1, 2010

CHANGE OF NAME
House Enrolled Act 1047

The Indiana General Assembly has passed a law which modifies the procedure for petitioning for a change of name.  The primary changes are as follows:

• Lowering the age required to be considered an adult for change of name purposes from 18 to 17 years old;
• Numerous additional reporting requirements for adult petitioners (including driver's license numbers, proof of United States citizenship, and descriptions of all past felony convictions);
• Requiring notarization of adult Verified Petitions for Change of Name; and
• Removing the 7-days requirement for first notice publication of Minor Child change of name.

Standard forms approved for use in the Allen Circuit Court and are located under Civil Forms in the Court Forms section of our site.

FINES FOR MOVING VIOLATIONS
Senate Enrolled Act 399

• Amends IC 34-28-5-4.
• Modifies the maximum judgment amounts for moving violations constituting Class C infractions.
• If a person mails or delivers an admission of guilt or a plea of nolo contendere to a moving violation before the appearance date, the maximum judgment is $35.50 plus costs.
• If the person admits the moving violation or enters a plea of nolo contendere on the appearance date, the person may not be required to pay an amount that exceeds $35.50 plus costs.
• If the person contests the moving violation in court and is found to have committed the moving violation, the person may only be required to pay:
  • costs and an amount up to $35.50 if, in the 5 years prior to the date of appearance, the person was not found by a court in the county to have committed a moving violation;
  • costs and an amount up to $250.50 if, in the 5 years prior to the date of appearance, the person was found by a court in the county to have committed 1 moving violation;
  • costs and an amount up to $500 if, in the 5 years prior to the date of appearance, the person was found by a court in the county to have committed 2 or more moving violations.
• A court may require the person to submit an affidavit or sworn testimony concerning whether, in the 5 years before the appearance date, the person has been found by a court to have committed 1 or more moving violations.
• The  maximum judgment amounts do not include any amounts a person may be required to pay for attending a defensive driving school program.

PROBLEM SOLVING COURTS
House Enrolled Act 1271

• Adds IC 33-23-16.
• Allows courts to petition for approval to establish Problem Solving Courts for alternative treatment and rehabilitation.
  • includes community courts, domestic violence courts, drug courts, family dependency courts, mental health courts, reentry courts, and veterans' courts.
• The costs of a problem solving court may be supplemented by the county general fund and payments from the county user fee fund.
• They may accept gifts and donations, grants and payments for services.
• If a fee is required, the court shall adopt by local court rule a schedule of fees consistent with the rules established by the board of directors of the judicial conference of Indiana.
• The clerk of the court shall collect fees as ordered by the problem solving courts and deposit them with the county auditor into the county user fee fund for the applicable problem solving court program.  Fees must be used only to fund problem solving court services.
• All drug courts and reentry courts previously established shall be certified by the Indiana Judicial Center as problem solving courts.  Existing funds for drug courts and reentry courts will remain funds for use by those problem solving courts on and after July 1, 2010.

ABATEMENT OF VACANT AND ABANDONED STRUCTURES
House Enrolled Act 1122

• Amends IC 32-29-7-3.
• Combines two separate Indiana Code provisions concerning the presuit notice in residential foreclosure proceedings into one section.  Repeals one of the provisions being combined.
• Provides that the presuit notice must inform the debtor that if the creditor obtains a foreclosure judgment, the debtor has a right to do the following before a sheriff's sale is conducted:
  • (1)  Appeal a finding of abandonment by a court.
  • (2)  Redeem the real estate from the judgment.
  • (3)  Retain possession of the property, subject to certain conditions.
• Provides that an enforcement authority that has issued an abatement order for a vacant or abandoned structure may under certain conditions file a praecipe for the sale of the property with the clerk of the county after 180 days have elapsed from the date a foreclosure judgment and decree is filed, if the party that is entitled to enforce the judgment has not itself filed a praecipe.
• Requires the sheriff to schedule the date of the sale not later than 120 days after the date the judgment and decree under seal of the court are certified to the sheriff by the clerk. 

FOREIGN JUDGMENTS
House Enrolled Act 1062

• Amends IC 34-6-2-48.3, IC 34-54-11-1, and IC 34-54-11-2; adds IC 34-54-11-6 and IC 34-54-11-7.
• "Foreign Judgment" means any judgment, decree or order of:
  • (1)  a court of the United States; or
  • (2) any other court that is entitled to the full faith and credit of Indiana.
• A copy of any foreign judgment authenticated in accordance with 28 U.S.C. 1963 or the statutes of this state may be filed in the office of the clerk of any court of record in a county in Indiana.
• At the time of the filing of a foreign judgment, the judgment creditor must file an affdavit with the clerk of the court in which the foreign judgment is filed.
• Promptly after the filing of the foreign judgment and affidavit, the clerk must send notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make an entry of the mailing.  The notice must contain the name and address of the judgment creditor and the name and address of the judgment creditor's attorney, if any.
• The judgment creditor shall mail a notice of the filing of the judgment to the judgment debtor and file proof of mailing with the clerk.  Lack of mailing notice by the clerk does not affect the enforcement of proceedings if proof of mailing by the judgment creditor has been filed.
• IC 34-54-11-7 may be cited as the "Uniform Enforcement of Foreign Judgments Act".