§ 32-35-2-26 — Action in replevin against officer; procedure

(a) If:
(1) any officer, by virtue of any writ of attachment or execution
lawfully issued to the officer, attaches or levies upon any personal
property as the property of the attachment or execution defendant;
and
(2) any other person, firm, limited liability company, or
corporation brings an action in replevin against the officer for the
possession of any part of the property attached or levied upon;
as soon as process is served upon the officer, the officer may notify the
attachment or execution plaintiff, if a resident of the officer's county,
and if not a resident of the officer's county, then the attorney of the
plaintiff, in writing, of the replevin suit, giving a general description of
the property claimed by the replevin plaintiff in the suit, and may
demand of the attachment or execution plaintiff a bond to indemnify
the officer against any loss for attorney's fees incurred in the defense of
the replevin suit and payment of any judgment for damages and costs.
(b) Upon failure of the attachment or execution plaintiff to execute
the bond to the officer within five (5) days after the time of service of
the notice described in subsection (a) with good and sufficient surety,
the officer may deliver up any part of the property sued for in the
replevin suit to the replevin plaintiff.
(c) If the bond demanded under subsection (a) is not given and the
officer delivers the property to the replevin plaintiff, the attachment or
execution plaintiff is estopped from maintaining any action whatever
against the officer for the value of the property delivered up or for
damages for failing to make any defense in the replevin suit. However,
if the action in replevin is pending in the circuit court, the bond shall
be approved by the clerk of the circuit court.
[Pre-2002 Recodification Citation: 34-21-6-1.]

Legislative History

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