CHAPTER 12. COLLECTION OF JUDGMENTS AGAINST CITY OR COUNTY
IC 34-55-12
Chapter 12. Collection of Judgments Against City or County
IC 34-55-12-1
Judgments against county or city; appropriations; appeal
Sec. 1. (a) A judgment against a county or city may be enforced
only from appropriations made for that purpose.
(b) The proper officers of the county or city may be compelled by
mandamus proceedings to make the necessary provisions for
appropriating, levying, and collecting by taxation the sum necessary
for the payment of a judgment. In the mandamus proceedings:
(1) the respective bodies and officers may be sued collectively
by their legal names;
(2) service of process may be made on any member of the
respective bodies; and
(3) all members of the respective bodies are bound by the
judgment.
(c) If a city is entitled to an appeal, the appeal shall be granted
without bond. A judgment against a city may not be enforced
pending an appeal.
As added by P.L.1-1998, SEC.51.
IC 34-55-12-2
Restrictions on remedies; inapplicabilty to certain actions
Sec. 2. (a) This section does not apply to judgments and awards
arising out of actions between municipalities or in which the state
may have an interest.
(b) Execution may not be made upon a judgment or award of a
court or board against real or personal property owned by a city or
town, or on the interest of a city or town in such property.
(c) A mandate or injunction may not be issued by a court against
a city or town or the officers of a city or town concerning a judgment
or award unless the judgment or award arises from or out of an action
in tort or on an express contract.
As added by P.L.1-1998, SEC.51.