§ 32-35-2-21 — Plaintiff's bond required

Indiana § 32-35-2-21

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 35: CAUSES OF ACTION CONCERNING PERSONAL
• Ch. 2: Replevin

Text

(a) Except as provided in subsection (c), the
court may not issue an order of possession, with or without notice, in
the plaintiff's favor in an action under this chapter until the plaintiff has
filed with the court a written undertaking:
(1) in an amount fixed by the court; and
(2) executed by a surety to be approved by the court;
to the effect that the plaintiff and the surety are bound to the defendant
for the value of the property, as determined by the court, along with
other damages the defendant may suffer if the property has been
wrongfully taken from the defendant.
(b) The amount of the bond may not be less than the value of the
property.
(c) If the defendant has failed to appear and final judgment is
entered, no written undertaking is required.
[Pre-2002 Recodification Citation: 34-21-5-1.]

Legislative History

As added by P.L.2-2002, SEC.20.