Indiana Judgment: Types, Records, Duration, and What to Expect

A judgment is a court’s final appealable order in a case that outlines the rights and obligations of all the parties involved. In Indiana, rulings are made over civil lawsuits, debt collection, property disputes, family court cases, and criminal restitution. These rulings lead to judgments.

What Is a Judgment in Indiana?

In Indiana, under Article 54 of the state's Civil Law and Procedure,a final decision that resolves a lawsuit judgment in a court is called a judgment. It carries the weight of law, requiring one party to pay money to another, transfer property, or perhaps stop certain actions. This action is enforceable and means that it may be acted upon through remedies such as garnishment, lien, or bank levy.

Judgments in Indiana have significant financial and legal implications for parties involved. They may lead to wage garnishment, property liens, or credit reporting issues until the judgment is satisfied or expires.

Types of Judgments in Indiana

Indiana courts issue different kinds of judgments depending on the case:

Money Judgments

In Indiana, a money judgment orders a debtor to pay a specific amount to a creditor. The money judgment must be entered in the Judgment Docket Book. These judgments are associated with crimes, such as the recovery of debts, breach of contract, or damages in personal injury cases.

Default Judgments

According to Rule 55 of the Indiana Court Rules, a default judgment is granted when a defendant fails to appear when summoned in court or fails to plead their case. In these cases, the court automatically grants the wishes of the plaintiff.

Property or Lien Judgments

When debtors are unable to pay their debts, the creditors may file a judgment lien against the other party. This allows the creditor to take possession of a debtor’s property or business. In Indiana, liens last for 10 years and are only attached to the debtor’s real estate that is recorded with the county recorder’s office.

Family Court Judgments

These are judgments that arise from the hearing or trials of family law-related cases that determine issues related to child support, custody, or alimony. This judgment is enforced immediately and is mandatory for all parties in the case.

Criminal Restitution Judgments

In some criminal cases, the issue of restitution may occur. The court makes sure the victims are fully reimbursed for all losses attributed to the crimes caused by the offender. This judgment is enforced immediately, and the defendant must pay the restitution to the Clerk of the County Circuit Court.

How to Search for Judgments in Indiana

Judgments are public records in Indiana, and they typically include the court location, case number, judgment date, amount owed, and names of the parties involved in this case. Individuals may access these documents in several ways, which include:

• Clerk of Court Offices – The public may request court records, including judgments, from the county clerk in the county where the case is being heard. They may view the records in person or receive copies of the documents upon request.
• Indiana MyCase Online Portal – The Indiana Judicial Branch provides a free online Case Search Portal that grants access to civil, criminal, and family case records, including judgments. Users may search the portal by case number, name of the offender, location of the court, or attorney information.
• Third-Party Services – People pay certain private providers to view judgment information from multiple courts in the state. However, it is advisable to search the MyCase portal for judgment and obtain a reliable record from the county Circuit Court clerk’s offices.

Judgment Records in Major Indiana Counties

Access procedures are generally consistent across Indiana, though major counties have robust systems:

• Indianapolis (Marion County): Marion County judgments may be accessed online through the MyCase portal or at the county clerk’s office.
• Fort Wayne (Allen County): Individuals may search for judgments online at the state portal or make in-person requests at the clerk’s office.
• Evansville (Vanderburgh County): Vanderburgh County judgments are available on the MyCase portal, and record seekers may obtain certified copies of judgments from the Clerk of Court's office.

How Long Does a Judgment Last in Indiana?

In Indiana, any judgment or decree of the court is valid and enforceable for 20 years from the date it is entered. However, a creditor may enforce a judgment lien within the first 10 years. If the lien expires, a creditor may still enforce the judgment for an additional 10 years.

What Happens After a Judgment Is Entered in Indiana?

Once a judgment is entered in the county, the creditors have the power to employ gain enforcement tools to recover their assets. In summary, there are consequences for the creditors and debtors:

For Creditors:

• Wage Garnishment: They may obtain a court order forcing employers to withhold a portion of the debtor’s wages until the judgment is satisfied.
• Judgment Liens: Liens may be recorded against the debtor’s real estate in the county and preventing its sale or refinancing until the lien is fully paid.
• Bank Levies: The court may mandate the banks to pay the creditors directly from the funds present in a debtor’s bank account.

For Debtors:

• CreditReporting: Judgments often appear on credit reports, which may lower the credit scores and limit borrowing opportunities.
• Satisfaction of Judgment:State law mandates creditors to file a Satisfaction of Judgment with the court when they have fully recovered their funds. This document proves the satisfaction or release of the judgment.
• Appeals or Motions to Vacate: If a debtor is dissatisfied with a judgment, they have the right to appeal or request the court to vacate it. This process ensures that judgments are fair and just, providing a safety net for those who feel they have been wronged.