Ind. Code § 9-32-18-1 "Fund"
Sec. 1. As used in this chapter, "fund" means the consumer restitution fund established by section 4 of this chapter.
As added by P.L.179-2017, SEC.97.
Ind. Code ch. 9-32-18
Ind. Code ch. 9-32-18
in effectInd. Code § 9-32-18-2 "Qualifying claim"
Sec. 2. As used in this chapter, "qualifying claim" means a claim that:
(1) subject to section 5(b) of this chapter, is filed with the secretary on a form prescribed by the secretary; and
(2) is based on:
(A) a final judgment in a court with jurisdiction in Indiana that:
(i) is issued in a case instituted or maintained by the office of the attorney general in connection with a case involving a violation by one (1) or more dealers of IC 9-19, IC 9-22, IC 9-32 or a rule adopted under the authority of IC 9-32, or IC 24-5-0.5; and
(ii) awards restitution to one (1) or more qualifying individuals; or
(B) a final administrative order issued under IC 9-32-16-2;
(3) identifies each qualifying individual who:
(A) has been awarded restitution in the order described in subdivision (2); and
(B) seeks payment from the fund through the claim submitted;
(4) attests that the dealer ordered to pay the restitution has not paid the full amount ordered with respect to each qualifying individual identified under subdivision (3); and
(5) seeks payment from the fund of any amount of restitution:
(A) ordered by the court or ordered under IC 9-32-16-2; and
(B) not paid by the dealer ordered to pay the restitution with respect to each qualifying individual identified under subdivision (3).
As added by P.L.179-2017, SEC.97.
Ind. Code § 9-32-18-3 "Qualifying individual"
Sec. 3. As used in this chapter, "qualifying individual" means an Indiana resident who:
(1) is a consumer victim who:
(A) purchased a vehicle for personal use; or
(B) otherwise conducted business with a dealership;
(2) is awarded restitution by a final judgment in a court with jurisdiction in Indiana in a case that:
(A) is instituted or maintained by the office of the attorney general and involves a violation described in section 2(2)(A)(i) of this chapter; or
(B) is awarded restitution by administrative order under IC 9-32-16-2; and
(3) assists or otherwise cooperates with the secretary in the investigation or enforcement of the case.
As added by P.L.179-2017, SEC.97.
Ind. Code § 9-32-18-4 Consumer restitution fund established; deposits; investments; reversion to general fund
Sec. 4. (a) The consumer restitution fund is established for the purpose of compensating qualifying individuals who submit qualifying claims to the secretary.
(b) The fund consists of:
(1) appropriations made to the fund by the general assembly;
(2) grants, gifts, and donations intended for deposit in the fund; and
(3) at the discretion of the secretary, money recovered or received by the secretary for consumer protection purposes, if use of the money is not otherwise restricted.
(c) At the discretion of the secretary, the secretary may make an annual deposit from the dealer compliance account established by IC 9-32-7-1 or the dealer enforcement account established by IC 9-32-7-2, or both, into the fund.
(d) The expenses of administering the fund shall be paid from the money in the fund.
(e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
(f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.179-2017, SEC.97.
Ind. Code § 9-32-18-5 Payment to qualifying individuals; filing claims; timing
Sec. 5. (a) The secretary may not make a payment to a qualifying individual under section 4 of this chapter unless the dealer ordered to pay restitution to the qualifying individual has not paid the full amount of the restitution as described in section 2(2) of this chapter:
(1) by the date provided in the order; or
(2) not later than ninety (90) days after the order is issued;
whichever is later.
(b) A qualifying individual may seek payment from the fund of any amount of the restitution:
(1) ordered by the court to be paid to the qualifying individual or ordered under IC 9-32-16-2; and
(2) not paid by the dealer ordered to pay the restitution;
by filing a claim with the secretary on a form prescribed by the secretary.
(c) The secretary must receive a claim filed under this chapter not later than one hundred eighty (180) days after the date on which the order described in section 2 of this chapter becomes final. The secretary may grant an extension of time for good cause shown by the qualifying individual filing the claim.
(d) Notwithstanding subsection (c), the secretary may not accept a claim that is received more than:
(1) two (2) years after the date of the judgment described in section 2(2)(A) of this chapter; or
(2) one hundred eighty (180) days after the date of the order described in section 2(2)(B) of this chapter;
becomes final.
(e) The personal information (as defined in IC 9-32-2.1-34) of a qualifying individual who files a qualifying claim with the secretary under subsection (b) is confidential and may not be disclosed or distributed outside the secretary, except as required by law.
(f) Upon receiving a qualifying claim, the secretary may pay, from money available in the fund, to each qualifying individual identified in the claim under section 2(3) of this chapter an amount that:
(1) is determined by the secretary, at the secretary's discretion;
(2) may be up to the amount of the restitution awarded to the qualifying individual and not paid by the dealer ordered to pay the restitution; and
(3) may not exceed three thousand dollars ($3,000).
(g) The limits set forth in subsection (f) do not prohibit a qualifying individual from seeking to recover, in any action, or through any other lawful remedy available, any amount of the restitution that:
(1) is awarded to the qualifying individual in the order described in section 2(2) of this chapter;
(2) is not paid by the dealer ordered to pay the restitution; and
(3) exceeds the amount paid to the qualifying individual by the secretary under subsection (f).
As added by P.L.179-2017, SEC.97. Amended by P.L.104-2024, SEC.33.
Ind. Code § 9-32-18-6 Liability
Sec. 6. The state is not liable for a determination or an award made by the secretary under this chapter, except to the extent that money is available in the fund on the date the award is determined by the secretary under this chapter.
As added by P.L.179-2017, SEC.97.
Ind. Code § 9-32-18-7 Rules
Sec. 7. The secretary may adopt rules under IC 4-22-2 to implement this chapter.
As added by P.L.179-2017, SEC.97.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/9Fetched: 10/17/2026