Two-Year Limitation on Ordinance-Violation Civil Actions
Indiana Code §34-11-2-4 establishes a 2-year statute of limitations for actions on a statute or ordinance for a penalty or forfeiture. Parking violations under municipal ordinances are penalty actions, and accordingly any city action to collect must commence within 2 years of the violation. Indianapolis's referral of decade-old tickets to collections has been challenged successfully on this ground. Note: Indiana courts have at times applied IC §34-11-1-2 (10-year residual) to municipal liens that are not 'penalties,' but the modern trend treats parking violations as penalty actions subject to the 2-year bar.
Legal basis
Indiana Code §34-11-2-4 (2-year limitation on statutory penalties); IC §36-1-6-9; IC §34-11-1-2
Sample appeal wording
TO: [Hearing Officer / Court / Collection Agency] RE: Citation [TICKET_NUMBER] dated [VIOLATION_DATE] I assert the affirmative defense of statute of limitations under Indiana Code §34-11-2-4, which bars actions for penalties or forfeitures more than 2 years after the cause of action accrues. The citation is dated [VIOLATION_DATE]; today is [TODAY] — more than 2 years have elapsed without the commencement of any judicial collection action. The claim is time-barred. I demand the violation be vacated, any associated lien released, and the matter removed from any credit reporting. Signed, [FULL_NAME] Date: [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Indiana Code §34-11-2-4
- Indiana Code §36-1-6-9
- Bd. of Comm'rs v. C.H. Wood Co., 187 Ind. 95 (1918)