§ 34-55-4-10 — Continuance of lien on unsold property

Indiana § 34-55-4-10

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 55: EXECUTION OF JUDGMENTS
• Ch. 4: Appraisement

Text

(a) The lien of the levy upon the property
shall continue, and the clerk, when directed by the plaintiff, shall
immediately issue another execution:
(1) reciting the return of the former execution and the levy and
failure to sell; and
(2) directing the sheriff to satisfy the judgment out of the unsold
property, if the unsold property is sufficient.
(b) If the property is not sufficient, the sheriff shall satisfy the
judgment out of any other property of the debtor subject to execution.
However, the lien as to personal property continues only for thirty (30)
days (unless a second execution is issued) from the time of the return.
At that time, the property shall be released to bona fide purchasers for
value and to the levies of writs on other judgments. The levy shall, as
between the parties, be considered vacated. As to real property, the
levy of the writ shall be discharged after six (6) months.
[Pre-1998 Recodification Citation: 34-1-37-10.]

Legislative History

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