Indiana § 32-35-2-4 Contents of affidavit

Indiana Statutes

§ 32-35-2-4 — Contents of affidavit

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

An affidavit filed under section 3 of this chapter must:

(1)show that the plaintiff is:

(A)the owner of the property; or

(B)lawfully entitled to the possession of the property;

(2)show that:

(A)the property was not:

(i)taken for a tax, assessment, or fine under a statute; or

(ii)seized under an execution or attachment against the property of the plaintiff; or

(B)if the property was seized under an execution or attachment, the property was exempt by statute from seizure;

(3)show that the property:

(A)has been wrongfully taken and is unlawfully detained by the defendant; or

(B)is unlawfully detained;

(4)include a particular description of the property;

(5)state the estimated value of the property; and

(6)identify the county in which the property is believed to be detained. [Pre

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An affidavit filed under section 3 of this
chapter must:
(1) show that the plaintiff is:
(A) the owner of the property; or
(B) lawfully entitled to the possession of the property;
(2) show that:
(A) the property was not:
(i) taken for a tax, assessment, or fine under a statute; or
(ii) seized under an execution or attachment against the
property of the plaintiff; or
(B) if the property was seized under an execution or attachment,
the property was exempt by statute from seizure;
(3) show that the property:
(A) has been wrongfully taken and is unlawfully detained by
the defendant; or
(B) is unlawfully detained;
(4) include a particular description of the property;
(5) state the estimated value of the property; and
(6) identify the county in which the property is believed to be
detained.
[Pre-2002 Recodification Citation: 34-21-2-3.]