Sec. 11. (a) The sheriff shall first take the defendant‘s personal property under an attachment.

Ask a litigation question, get an answer ASAP!
Thousands of highly rated, verified litigation lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Indiana Code 34-25-2-11

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Personal property: All property that is not real property.
  • Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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
     (b) If the sheriff does not find enough personal property of the defendant to satisfy the plaintiff‘s claim and costs of the action, then the sheriff shall take the defendant’s real estate under attachment.

     (c) If any property of the defendant is removed from the county after an order of attachment is placed in the hands of the sheriff, the sheriff may pursue and attach the property in any county within three (3) days after the removal.

[Pre-1998 Recodification Citation: 34-1-11-11.]

As added by P.L.1-1998, SEC.20.