Sec. 1. (a) This section applies to every endorsement of payment, satisfaction, or release, in whole or in part, that is noted:

(1) on the record or margin of any judgment or decree; or

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Terms Used In Indiana Code 34-54-6-1

  • 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
  • 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.
  • 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
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
(2) on an execution or order of sale issued on a judgment and signed by the:

(A) judgment plaintiff;

(B) judgment plaintiff’s attorney of record or attorney in fact; or

(C) assignee of the judgment plaintiff (whose assignment is noted on or annexed to the record of the judgment or decree and attested by the clerk);

(3) on the record of the judgment or decree; or

(4) by the sheriff upon the execution or order of sale.

     (b) An endorsement of payment, satisfaction, or release described in subsection (a) operates as a satisfaction or release of the judgment or decree, or of the part of the judgment or decree so endorsed as paid, satisfied, or released, in favor of subsequent purchasers or lienholders in good faith.

     (c) When the satisfaction, payment, or release is entered by an attorney in fact, that fact shall be noted on the margin of the record or the execution.

     (d) The power of attorney described in subsection (c) shall be recorded in the miscellaneous records of the recorder’s office.

[Pre-1998 Recodification Citation: 34-1-30-1.]

As added by P.L.1-1998, SEC.50.