Indiana Code 34-54-3-1. Applicability of chapter
(1) gives a person a power of attorney or authority as attorney for the maker or endorser of the instrument in the name of the debtor to:
Terms Used In Indiana Code 34-54-3-1
- 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
- Contract: A legal written agreement that becomes binding when signed.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Service of process: The service of writs or summonses to the appropriate party.
(B) waive the service of process in an action to enforce payment of money claimed to be due on the instrument;
(2) authorizes or purports to authorize an attorney or agent, however designated, to confess judgment on the instrument for a sum of money to be ascertained in a manner other than by action of the court upon a hearing after notice to the debtor, whether with or without an attorney fee; or
(3) authorizes or purports to authorize an attorney described in subdivision (1) or (2) to:
(A) release errors and the right of appealing from a judgment described in subdivision (1) or (2); or
(B) consent to the issue of execution on the judgment.
[Pre-1998 Recodification Citation: 34-2-25-1 part.]
As added by P.L.1-1998, SEC.50.