Indiana Code 34-55-8-4. Arrest of debtor; bond
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Sec. 4. The sheriff, after taking the execution debtor into custody upon the order of arrest, shall require the execution debtor to enter into a written undertaking to the plaintiff, with surety, to be approved by the officer, that:
(2) the execution debtor will not, in the meantime, dispose of any part of the execution debtor’s property that is not exempt from execution.
(1) the execution debtor will attend before the court and obey the order made by the court; and
Terms Used In Indiana Code 34-55-8-4
- Arrest: Taking physical custody of a person by lawful authority.
- 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
If the execution debtor defaults on the written undertaking, the execution debtor shall be committed to prison. Upon breach of the written undertaking, the plaintiff is entitled to the amount of the value of the property unlawfully withheld or disposed of.
[Pre-1998 Recodification Citation: 34-1-44-4.]
As added by P.L.1-1998, SEC.51.