Sec. 19. (a) A person who claims real estate under section 18 of this chapter may file a verified complaint in the circuit or superior court of the county in which the real estate is located. The complaint must:

(1) name as a defendant the nonresident who is presumed dead under section 18 of this chapter;

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Terms Used In Indiana Code 32-30-3-19

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(2) particularly describe the real estate; and

(3) contain a statement of the facts required by section 18 of this chapter.

     (b) Notice of the pendency of the action, including the date on which the court shall hear the complaint filed under subsection (a), must be published in a daily or weekly newspaper of general circulation that is printed and published in the county seat of the county in which the real estate is located. If a newspaper does not exist, notice must be published in a newspaper that is printed and published in the county in which the real estate is located. Notice must also be published in a newspaper of general circulation that is printed and published in the county seat of the county in which the defendant last resided. If a newspaper is not printed and published in that county seat, then notice must be published in a newspaper that is printed and published in the county seat nearest to the county in which the defendant last resided.

     (c) Prima facie proof of publication of notice as required by subsection (b) consists of:

(1) affidavits of the publishers of the newspapers in which the notice was published; and

(2) a printed copy of the published notice.

     (d) The court shall hear the complaint filed under subsection (a) not earlier than sixty-five (65) days after notice was first published under subsection (b). If the court finds that:

(1) the defendant received sufficient notice under subsection (b); and

(2) the facts alleged in the complaint are true;

the court shall enter judgment quieting the title to the real estate in favor of the plaintiff.

     (e) A judgment entered under subsection (d) becomes final and absolute three (3) years after the date it was entered unless, within those three (3) years, the defendant appears and moves to vacate the judgment.

[Pre-2002 Recodification Citation: 32-6-6-2.]

As added by P.L.2-2002, SEC.15.

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