Action to Quiet Title; Service

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Sec. 16. (a) In a suit to quiet title to real estate in a state court, the plaintiff shall serve:

(1) all resident and nonresident defendants whose residence is known; and

(2) all defendants whose residence is unknown.

(b) Service on a known defendant by:

(1) the defendant's individual name;

(2) the name by which the defendant appears of record;

(3) the name by which the defendant is commonly known; or

(4) the defendant's surname if the defendant's first name is unknown;

is sufficient, legal, and binding on and against all persons claiming from, through, or under the defendant.

(c) If a plaintiff serves a defendant by the defendant's surname only, the plaintiff or the plaintiff's attorney shall file an affidavit stating that the plaintiff does not know and has not, after diligent inquiry, been able to ascertain the first name of the defendant.

[Pre-2002 Recodification Citation: 32-6-5-1.]

As added by P.L.2-2002, SEC.15.


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