§ 32-30-11-5 — Property seized by sheriff or coroner; required written notice; fees

Indiana § 32-30-11-5

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 30: CAUSES OF ACTION CONCERNING REAL
• Ch. 11: Lis Pendens

Text

(a) This section applies when a sheriff or
coroner of a county in Indiana:
(1) seizes upon real estate or an interest in real estate by virtue of
a writ of attachment; or
(2) levies upon real estate or an interest in real estate by virtue of
an execution issued to the sheriff or coroner from any court other
than the court of the county in which the sheriff or coroner
resides.
(b) At the time of the seizure or levy, the sheriff or coroner shall file
with the clerk of the circuit court of the county a written notice setting
forth:
(1) the names of the parties to the proceedings upon which the
writ of attachment or execution is founded; and
(2) a description of the land seized or levied upon.
The notice shall be recorded, as provided for in section 4 of this
chapter.
(c) The sheriff or coroner shall state, in the return to the attachment
or execution, that notice has been filed. The sheriff or coroner is
allowed a fee of fifty cents ($0.50) to be taxed as costs for making and
filing the notice. However, the sheriff or coroner is not required to file
the notice until the attachment or execution plaintiff provides the
money to pay the clerk for filing and recording the notice.
[Pre-2002 Recodification Citation: 34-34-1-5.]

Legislative History

As added by P.L.2-2002, SEC.15.