Indiana Code 32-30-11-5. Property seized by sheriff or coroner; required written notice; fees
(1) seizes upon real estate or an interest in real estate by virtue of a writ of attachment; or
Terms Used In Indiana Code 32-30-11-5
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(b) At the time of the seizure or levy, the sheriff or coroner shall file with the clerk of the circuit court of the county a written notice setting forth:
(1) the names of the parties to the proceedings upon which the writ of attachment or execution is founded; and
(2) a description of the land seized or levied upon.
The notice shall be recorded, as provided for in section 4 of this chapter.
(c) The sheriff or coroner shall state, in the return to the attachment or execution, that notice has been filed. The sheriff or coroner is allowed a fee of fifty cents ($0.50) to be taxed as costs for making and filing the notice. However, the sheriff or coroner is not required to file the notice until the attachment or execution plaintiff provides the money to pay the clerk for filing and recording the notice.
[Pre-2002 Recodification Citation: 34-34-1-5.]
As added by P.L.2-2002, SEC.15.