Indiana § 32-35-2-28 Service by sheriff or other executing officer

Indiana Statutes

§ 32-35-2-28 — Service by sheriff or other executing officer

Indiana·Title 32 PROPERTY·Art. 35 CAUSES OF ACTION CONCERNING PERSONAL·Ch. 2 Replevin

If the defendant and the defendant's attorney are not present in open court when the order of possession is issued under this chapter, sufficient copies of the order shall be delivered to the sheriff or other executing officer. The executing officer shall, without delay, serve upon the defendant a copy of the order of possession:

(1)by delivering the order of possession to:

(A)the defendant personally; or

(B)the defendant's agent from whose possession the property is taken;

(2)if the defendant or the defendant's agent cannot be found, by leaving it at the usual place of abode of either with some person of suitable age and discretion; or

(3)if neither the defendant nor the defendant's agent has any known usual place of abode, by mailing it to the defendant's last known address. [Pre-20

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If the defendant and the defendant's attorney
are not present in open court when the order of possession is issued
under this chapter, sufficient copies of the order shall be delivered to
the sheriff or other executing officer. The executing officer shall,
without delay, serve upon the defendant a copy of the order of
possession:
(1) by delivering the order of possession to:
(A) the defendant personally; or
(B) the defendant's agent from whose possession the property
is taken;
(2) if the defendant or the defendant's agent cannot be found, by
leaving it at the usual place of abode of either with some person
of suitable age and discretion; or
(3) if neither the defendant nor the defendant's agent has any
known usual place of abode, by mailing it to the defendant's last
known address.
[Pre-2002 Recodification Citation: 34-21-7-2.]

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