Sec. 4. If, within the one hundred eighty (180) day period, the person fails to sue or to effectively prosecute the action, the prosecuting attorney of the county shall bring a civil action to recover the money or other property so lost and delivered, in the name of the state and for the benefit of:

(1) the person’s dependent children who are less than eighteen (18) years of age and the person’s spouse; or

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Terms Used In Indiana Code 34-16-1-4

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Dependent: A person dependent for support upon another.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(2) if there are no children or spouse, the state general fund.

[Pre-1998 Recodification Citation: 34-4-28-4.]

As added by P.L.1-1998, SEC.11. Amended by P.L.246-2005, SEC.224.