§ 34-55-1-7 — Requirements of sheriff in execution

Indiana § 34-55-1-7

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 55: EXECUTION OF JUDGMENTS
• Ch. 1: Execution of Judgments Generally

Text

The execution must require the sheriff to do the
following:
(1) If the execution is against the property of the judgment debtor,
the execution must require the sheriff to satisfy the judgment out
of the property of the debtor, subject to execution.
(2) If the execution is against real or personal property in the
hands of personal representatives, heirs, devisees, legatees,
tenants of real property, or trustees, the execution must require the
sheriff to satisfy the judgment out of that property.
(3) If the execution is against the body of the judgment debtor, the
execution must require the sheriff to arrest the debtor and commit
the debtor to the jail of the county until the debtor pays the
judgment or is discharged according to law.
(4) If the execution is for the delivery of the possession of real or
personal property, the execution:
(A) must require the sheriff to deliver the possession of the
property, particularly describing the property to the party
entitled to the property; and
(B) may at the same time require the sheriff to satisfy any costs,
damages, rents, or profits recovered by the judgment out of the
property of the party against whom the judgment was rendered,
subject to execution.
The value of the property for which the judgment was recovered
must be specified in the execution if a delivery cannot be made,
and shall, in that respect, be considered an execution against
property.
[Pre-1998 Recodification Citation: 34-1-34-7 part.]

Legislative History

As added by P.L.1-1998, SEC.51.