Ind. Code » Title 34
Indiana Code

Ind. Code § 34-24-1-8 (2025)

Retention of attorney to bring action; compensation agreements

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 8. (a) A prosecuting attorney may retain an attorney to bring an action under this chapter only in accordance with this section.

     (b) The compensation agreement between a prosecuting attorney and an attorney retained to bring an action under this chapter must be:

(1) in writing; and

(2) approved by the attorney general for form and legality.

     (c) An attorney retained under this section must be admitted to the practice of law in Indiana. The attorney retained may not serve as a deputy prosecuting attorney in any county.

     (d) A prosecuting attorney or deputy prosecuting attorney who conducts a forfeiture action within the scope of the attorney's duties as a prosecuting attorney or deputy prosecuting attorney in the prosecuting attorney's office may not receive a contingency fee.

     (e) A compensation agreement under this section must be a contingency fee agreement limited as follows:

(1) The contingency fee may not exceed thirty-three and one-third percent (33 1/3%) of the first ten thousand dollars ($10,000) of proceeds or money obtained under a settlement or judgment.

(2) The contingency fee may not exceed twenty percent (20%) of the part of the proceeds or money obtained under a settlement or judgment that is more than ten thousand dollars ($10,000) and less than one hundred thousand dollars ($100,000).

(3) The contingency fee may not exceed fifteen percent (15%) of the part of the proceeds or money obtained under a settlement or judgment that is one hundred thousand dollars ($100,000) or more.

(4) The contingency fee agreement may establish a minimum fee that does not exceed one hundred dollars ($100).

A court may authorize a compensation agreement between the prosecuting attorney and an attorney retained to bring an action that exceeds the limits described in this subsection if the court finds that the issues presented in the particular forfeiture action are unusually complex or time consuming as compared with other forfeiture actions.

[Pre-1998 Recodification Citation: 34-4-30.1-9.]

As added by P.L.1-1998, SEC.19. Amended by P.L.47-2018, SEC.5.

 

Notes of Decisions
Cited in 4 cases, 2003–2010 · leading case: $100 & a Black Cadillac v. State, 822 N.E.2d 1001 (Ind. Ct. App. 2005).
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$100 & a Black Cadillac v. State, 822 N.E.2d 1001 (Ind. Ct. App. 2005). · cites it 4× “Ind.Code § 34-24-1-8. vides: Section 4 pro- (a) At the hearing, the prosecuting attorney must show by a preponderance of the evidence that the property was within the definition of property subject to seizure under section 1 of this chapter.”
State v. Combs, 921 N.E.2d 846 (Ind. Ct. App. 2010). · cites it 4× “The State's argument on this issue ignores the plain language of Indiana Code Section 34-24-1-8, which authorizes the "prosecuting attorney for the county in which the seizure occurs" to bring a civil forfeiture action "in the name of .”
Ziegler v. State, 780 N.E.2d 1169 (Ind. Ct. App. 2003). · cites it 6× “Ziegler responded by filing a motion to dismiss the civil complaint because it had not been filed within one hundred and eighty days after the seizure as required by Ind.Code § 34-24-1-8. Ziegler's motion to dismiss was denied by the trial court.”
Sanders v. State, 823 N.E.2d 1214 (Ind. Ct. App. 2005). · cites it 2× “Ind.Code § 34-24-1-8(a). Our previous holding is now the law of the case and binding on all the parties and the trial court.”
Ind. Code § 34-24-1-8(a): 1 case
Sanders v. State, 823 N.E.2d 1214 (Ind. Ct. App. 2005). “Ind.Code § 34-24-1-8(a). Our previous holding is now the law of the case and binding on all the parties and the trial court.”
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