§ 32-30-3-8 — Return of possession to defendant; period for return; required surety; notice; proof of service

(a) Before the hearing on the order to show
cause or before final judgment, and within the time fixed in the order
of possession, the defendant may require the return of possession of the
property by filing with the court a written undertaking executed by a
surety to be approved by the court stating that the defendant is bound
in an amount determined by the court sufficient to assure the payment
of costs assessed against the defendant for the wrongful detention of
the property.
(b) If a defendant files an undertaking under this section, the
defendant shall:
(1) serve a notice of filing the undertaking on the executing
officer and the plaintiff or the plaintiff's attorney; and
(2) file with the court proof of service of the notice of filing the
undertaking.
(c) If a defendant files an undertaking before the hearing on the
order to show cause, the court shall terminate the hearing unless the
plaintiff takes exception to the surety.
(d) If the property is in the possession of the executing officer when
the defendant files the undertaking, the court shall return possession of
the property to the defendant not more than five (5) days after service
of notice of the filing of the undertaking on the plaintiff or the
plaintiff's attorney.
[Pre-2002 Recodification Citation: 32-6-1.5-8.]

Legislative History

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