Sec. 1. (a) Any
personal property taken in execution may be returned to the execution
defendant by the
sheriff, upon the delivery by the defendant to the sheriff of a written undertaking described in subsection (b).
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Terms Used In Indiana Code 34-55-5-1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
(1) payable to the execution plaintiff, with sufficient surety to be approved by the sheriff; and
(2) to the effect that the property shall be delivered to the sheriff at a time and place named in the undertaking, to be sold:
(A) according to law; or
(B) for the payment to the sheriff of the fair value of the property.
[Pre-1998 Recodification Citation: 34-1-38-1.]
As added by P.L.1-1998, SEC.51. Amended by P.L.45-2016, SEC.24.
