Indiana Code 34-55-7-8. Failure to give notice of sale to defendant; plaintiff required to submit refunding bond
(1) the sheriff sells the property of a nonresident or other person upon an execution issued on a judgment recovered against the person in a case where publication has been provided; and
Terms Used In Indiana Code 34-55-7-8
- 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
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. 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
the plaintiff may not receive any of the proceeds of the sale until the plaintiff has filed in the clerk‘s office a written undertaking, with surety, to be approved by the clerk, to the effect that the plaintiff will refund the money about to be received by the plaintiff, or so much of the money as is necessary, if the judgment is afterwards annulled or set aside and the defendant shows that the plaintiff’s claim is unfounded in whole or in part. However, surety to refund is not required in cases of attachment.
[Pre-1998 Recodification Citation: 34-1-40-8.]
As added by P.L.1-1998, SEC.51.