Sec. 4. (a) This section applies to all cases in which
the court rendering a foreign judgment obtains or attempts to obtain
jurisdiction of a judgment debtor, in whole or in part, by virtue of a
contract, agreement, or stipulation that is prohibited and declared void
by this chapter.
(b) An Indiana court shall not issue an execution or other process to
aid or enforce the collection of any judgment that may be rendered
upon a judgment that:
(1) is taken in another state or foreign country; and
(2) was founded or based upon a negotiable instrument or contract
containing an agreement, stipulation, or provision that is
prohibited and declared void by.
(c) A judgment described in this section may not become a lien
upon real estate.
[Pre-1998 Recodification Citation: 34-2-25-2.]
As added by P.L.1-1998, SEC.50.
IC 34-54-4Chapter 4. Cognovit Note Prohibited as a Means of Confessing
Judgment or Authorizing Payment
Notes of Decisions
EBF Partners, LLC v. Novabella, Inc. d/b/a & Frank Terranova, 96 N.E.3d 87 (Ind. Ct. App. 2018).
“6 Indeed, it is a misdemeanor to "procure another" to execute a cognovit note or to attempt to enforce within Indiana a foreign judgment based upon a cognovit note. See IND. CODE § 34-54-4-1 (explaining that a person who knowingly commits such actions commits a Class B…”
EBF Partners, LLC v. Evolving Solutions Inc., 95 N.E.3d 145 (Ind. Ct. App. 2018).
· cites it 2× “Moreover, our legislature has provided that certain foreign judgments are unenforceable in Indiana, I.C. § 34-54-3-4, including a foreign judgment based on a stipulation "given or entered into before a cause of action accrue[d] on a promise to pay.”
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