§ 34-25-2-20 — Motion for discharge and restitution; undertaking; judgment for plaintiff

Indiana § 34-25-2-20

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 25: SPECIAL PROCEEDINGS: ATTACHMENT AND
• Ch. 2: Attachment

Text

(a) After appearing in the action, a defendant
against whom an order of attachment has been issued may move to
have:
(1) the attachment discharged; and
(2) restitution awarded for any property taken under the
attachment.
(b) An appearance in the action may not operate to discharge the
attachment unless the defendant files a written undertaking as required
in section 16 of this chapter.
(c) If:
(1) the defendant appears in the action;
(2) judgment is rendered in favor of the plaintiff; and
(3) part of the judgment remains unsatisfied after exhausting the
property attached;
the judgment is considered a judgment against the defendant
personally.
(d) A judgment described in subsection (c) has the same force and
effect as other judgments, and execution shall issue on the judgment
accordingly for the collection of the residue.
(e) If the plaintiff's undertaking is insufficient, the plaintiff is
entitled to a reasonable time to file an additional undertaking.
[Pre-1998 Recodification Citation: 34-1-11-33.]

Legislative History

As added by P.L.1-1998, SEC.20.