Bill Text: IN HB1206 | 2012 | Regular Session | Introduced
Bill Title: Third party lawsuit lending.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Judiciary [HB1206 Detail]
Download: Indiana-2012-HB1206-Introduced.html
Citations Affected: IC 24-11.
Synopsis: Third party lawsuit lending. Prohibits a loan to a plaintiff in
an action in exchange for the contingent right to receive a part of the
potential proceeds of the action.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Judiciary.
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A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulation.
ARTICLE 11. PROHIBITED LEGAL FUNDING
Chapter 1. Definitions
Sec. 1. (a) As used in this article, "legal action" means:
(1) a bona fide civil action or statutory claim in which damages may be awarded; or
(2) a cause of action or legal claim upon which a civil action or statutory claim described in subdivision (1) may be based.
(b) The term includes:
(1) any settlement or negotiations toward settlement of a civil action described in subsection (a)(1); or
(2) any agreement or negotiations toward an agreement under which a civil action based upon a cause of action described in subsection (a)(2) would not be initiated.
Sec. 2. As used in this article, "legal funding transaction" means
a transaction in which:
(1) a lender provides legal funding to another person; and
(2) the person receiving the legal funding assigns to the lender
the contingent right to receive a part of the proceeds of the
settlement, insurance payment, or award of damages obtained
in the person's legal action.
Sec. 3. As used in this article, "lender" means a person or entity
that enters into a legal funding transaction with a person.
Sec. 4. As used in this article, "person" means an individual, a
partnership, a corporation, a limited liability company, or another
organization.
Chapter 2. Legal Funding
Sec. 1. (a) A lender may not enter into a legal funding
transaction with another person.
(b) A legal funding contract entered into in violation of this
section is void.
Sec. 2. (a) A violation of this chapter is a deceptive act that is
actionable by the attorney general.
(b) The attorney general may bring an action under this article
to obtain any or all of the following:
(1) An injunction to enjoin future violations of this chapter.
(2) A civil penalty of not more than ten thousand dollars
($10,000) per deceptive act.
(3) The attorney general's reasonable costs in:
(A) the investigation of the deceptive act; and
(B) maintaining the action.