Sec. 20. (a) In addition to the subrogation rights under section 19 of this chapter, the state is entitled to a lien in the amount of the award on a recovery made by or on behalf of the victim.

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Terms Used In Indiana Code 23-20-1-20

  • 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
  • claimant: means a victim filing an application for restitution assistance under this chapter. See Indiana Code 23-20-1-1
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • victim: means an individual who suffers monetary injury as a result of a securities violation. See Indiana Code 23-20-1-7
     (b) The state may:

(1) recover the amount under subsection (a) in a separate action; or

(2) intervene in an action brought by or on behalf of the victim.

     (c) If a claimant brings an action described in subsection (b)(2), the claimant may deduct from the money owed to the state under the lien the state’s pro rata share of the reasonable expenses for the court suit, including attorney‘s fees. The amount the claimant deducts under this subsection for the state’s pro rata share of the expenses may not be more than fifteen percent (15%) of the money owed under the lien.

As added by P.L.114-2010, SEC.12.

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