Sec. 4. (a) If the finding upon the issue described in section 3(b) of this chapter is in favor of the surety, the court shall make an order directing the sheriff to:

(1) levy the execution, first upon the property of the principal; and

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Terms Used In Indiana Code 34-22-1-4

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
(2) exhaust the property of the principal;

before making a levy upon the property of the surety.

     (b) The clerk shall endorse a memorandum of the order on the execution.

[Pre-1998 Recodification Citation: 34-1-55-4.]

As added by P.L.1-1998, SEC.17.