Sec. 1. (a) If any contributions, interest, penalties, or damages assessed under this article, or any portion thereof, be not paid within one hundred twenty (120) days after the same is found to be due, a receiver may be appointed by the circuit or superior court of the county in which such employer resides or in which the employer is doing business or in which the employer's resident agent is located in a proceeding requesting such appointment instituted against the said employer in the name of the state of Indiana, brought by the attorney general for the state of Indiana at the request of the department.
(b) The court shall appoint a receiver when it finds that the employer has not paid the contributions or amounts due imposed by this article within one hundred twenty (120) days after the same is found to be due, and that contributions, interest, penalties, or damages, or any portion thereof, is unpaid and delinquent. Such cause for the appointment of a receiver shall be in addition to all other causes or grounds provided by law for the appointment of receivers and shall be in addition to all other methods for the enforcement of this article.
(c) Each such receiver shall give bond and be sworn as provided for by law and shall have power under the control of the court to bring and defend actions, to take and keep possession of the property of the employer, to receive all funds and collect any debts due to the employer, in the receiver's name, and generally to do such acts respecting the property as the court shall authorize, and shall have all the powers granted to, or shall be subject to all the duties of, receivers under the laws of this state.
Formerly: Acts 1947, c.208, s.3201. As amended by P.L.144-1986, SEC.133; P.L.108-2006, SEC.51.
Structure Indiana Code
Article 4. Unemployment Compensation System
Chapter 31. Additional Remedies for Collection of Delinquent Contributions; Jeopardy Assessments
22-4-31-2. Appeal; Bond; Suspension of Power
22-4-31-3. Injunction; Collection of Contributions
22-4-31-4. Jeopardy Assessments; Delinquent Contributions; Liens
22-4-31-5. Jeopardy Assessments; Delinquent Contributions; Stay Pending Hearing
22-4-31-6. Actions and Proceedings; Delinquent Contributions; Costs