Collection of a Liability

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Sec. 5. (a) To collect a liability from a vehicle owner under this chapter, an association of retailers must first send a notice of nonpayment to the vehicle owner by certified mail, return receipt requested, to the address indicated by records obtained under section 8 of this chapter.

(b) A notice sent under subsection (a) must:

(1) state the total pump price of the motor fuel pumped into the vehicle owner's vehicle and the amount of the service charge;

(2) state how the vehicle owner is to pay the liability;

(3) include a copy of this chapter and IC 34-24-3;

(4) state that, subject to section 6(b) of this chapter, the vehicle owner is subject to liability for an amount equal to triple the total pump price of the motor fuel received plus other damages under IC 34-24-3-1 if the liability is not paid within thirty (30) days; and

(5) include a signed statement by the retailer or the employee of the retailer who reported the incident in which motor fuel was pumped into the vehicle owner's vehicle and proper payment was not made, setting forth:

(A) the date, time, and location of the incident; and

(B) the license plate number of the vehicle into which the motor fuel was pumped.

As added by P.L.97-2011, SEC.2.


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