Indiana Code § 34-16-1-4

Prosecuting attorney; civil action to recover losses
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Sec. 4. If, within the one hundred eighty (180) day period, the person fails to sue or to effectively prosecute the action, the prosecuting attorney of the county shall bring a civil action to recover the money or other property so lost and delivered, in the name of the state and for the benefit of: (1) the person's dependent children who are less than eighteen (18) years of age and the person's spouse; or (2) if there are no children or spouse, the state general fund. [Pre-1998 Recodification Citation: 34-4-28-4.]

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