Trial court may order installment payments of judgment in excess of 7 year term

In action to suspend driver’s licenses of two judgment defendants, trial court did not err in amending judgment to installment payments and reinstating driving privileges of said defendants under Ind. Code § 9-25-6-6. Trial court also had discretion to make the installment longer than 7 years even though statute permits suspension of driving privileges only within 7 years of failure to satisfy judgment. Statute was clear and unambiguous and did not set time limit on installment payments.

See McGee v. McGee, 998 N.E.2d 270, 271 (Ind. Ct. App. 2013) (“[I]t is as important to recognize what a statute does not say as it is to recognize what it does say.”). If we were to interpret the statute in the manner in which NIPSCO suggests, we would be adding a requirement to the statute that is not there. We cannot and will not do that. See id. at 272.

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About Matt Anderson

I am civil trial attorney in South Bend, Indiana and have practiced on both sides of insurance and personal injury law in Illinois and Indiana for the better part of ten years. I created this blog as a way for other Indiana civil litigation and trial attorneys to get meaningful updates on cases ad issues that affect their practice. (I'll admit that there is some self-interest involved since it's also a handy way to summarize and file my own research.)

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