Indiana Code 33-43-1-10. Suspension of attorney from practice for refusal to deliver money or papers; additional remedies
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Sec. 10. If an attorney has been ordered to deliver money or papers under section 9 of this chapter, on a motion or in an action brought by the aggrieved party, the court may take any of the following actions:
(2) Enter judgment for the amount of money withheld, deducting fees, if any are due, and costs paid by the attorney, with ten percent (10%) damages, that may be enforced by execution, without the benefit of stay or appraisement laws, and returnable within thirty (30) days.
(1) Suspend the attorney from practice in any of the courts of Indiana, for any length of time, in the court’s discretion.
Terms Used In Indiana Code 33-43-1-10
- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
- 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
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(3) Render any judgment and make any order with respect to the papers or property withheld, that may be necessary to enforce the right of the party aggrieved. The judgement or order is subject to any liens the attorney has for fees.
[Pre-2004 Recodification Citation: 33-21-1-10.]
As added by P.L.98-2004, SEC.22.