Indiana Code
Ind. Code § 26-2-9-4 (2026)
Claims and defenses arising from credit agreements; writing required
✓ current as of May 2026
Sec. 4. (a) A debtor may assert:
(1) a claim for legal or equitable relief; or
(2) a defense to a claim;
arising from a credit agreement only if the credit agreement at issue satisfies the requirements set forth in subsection (b).
(b) A debtor may assert a claim or defense under subsection (a) only if the credit agreement at issue:
(1) is in writing;
(2) sets forth all material terms and conditions of the credit agreement, including the loan amount, rate of interest, duration, and security; and
(3) is signed by the creditor and the debtor.
[Pre-2002 Title 32 Recodification Citation: 32-2-1.5-4.]
As added by P.L.2-2002, SEC.79. Amended by P.L.10-2006, SEC.26 and P.L.57-2006, SEC.26; P.L.76-2011, SEC.2.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 2004–2022 · leading case: Sees v. Bank One, Indiana, N.A., 839 N.E.2d 154 (Ind. 2005).
Sees v. Bank One, Indiana, N.A., 839 N.E.2d 154 (Ind. 2005). “See Ind.Code § 26-2-9-4. Under the subheading "Credit Agreements," and referred to by our Court of Appeals as the Indiana Lender Liability Act (ILLA), the statute exists in its present form today.”
Citizens Fin. Servs., FSB v. Innsbrook Country Club, Inc., 833 N.E.2d 1045 (Ind. Ct. App. 2005). “Ind.Code § 26-2-9-4 (2004), which governs actions brought by a debtor, provides: A debtor may bring an action upon a credit agreement only if the agreement: (1) is in writing; (2) sets forth all material terms and conditions of the credit agreement, including the loan amount,…”
East Point Bus. Park, LLC, Fieldview Props., LLC, & Karen Rusin v. Private Real Est. Holdings, LLC, 49 N.E.3d 589 (Ind. Ct. App. 2015). “See Ind.Code § 26-2-9-4. The Defendants claim, however, that their counterclaim does not fall within the purview of this section.”
Sees v. Bank One, Indiana, N.A., 804 N.E.2d 227 (Ind. Ct. App. 2004). “Ind.Code § 26-2-9-4. 'The statute defines a "debtor" as a "person who .”
First Nat'l Bank & Trust v. Indianapolis Pub. Hous. Agency, 864 N.E.2d 340 (Ind. Ct. App. 2007). “, the retainage agreement, the agreement is unenforceable as a matter of law pursuant to I.C. § 26-2-9-4. While we refrain from deciding today whether a retainage agreement can be characterized as a credit agreement or First National can qualify as a creditor for purposes of…”
Pease v. Wachovia SBA Lending, Inc., 6 A.3d 867 (Md. 2010). “160/2 (2010) (Illinois); Ind.Code § 26-2-9-4 (2010) (Indiana); Iowa Code § 535.”
Wilmington Trust, Nat'l Ass'n v. 410 South Main Street LLC (N.D. Ind. 2022). “Ind. Code § 26-2-9-4 (b). The Defendants argued, without any supporting authority, that the Court should find the Balance Statement was signed by both parties “based upon the doctrine of incorporation by reference.”
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