§ 32-35-2-9 — Order for possession before hearing; grounds

Indiana § 32-35-2-9

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

Text

The court may issue an order for possession
under this chapter before the hearing if probable cause appears that any
of the following subdivisions apply:
(1) The defendant gained possession of the property by theft or
criminal conversion.
(2) The property consists of one (1) or more negotiable
instruments or credit cards.
(3) By reason of specific, competent evidence shown by testimony
within the personal knowledge of an affiant or witness, the
property is:
(A) perishable, and will perish before any noticed hearing can
be had;
(B) in immediate danger of destruction, serious harm,
concealment, removal from Indiana, or sale to an innocent
purchaser; or
(C) held by a person who threatens to destroy, harm, or conceal
the property, remove the property from Indiana, or sell the
property to an innocent purchaser.
[Pre-2002 Recodification Citation: 34-21-4-2.]

Legislative History

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