Indiana § 34-55-5-1 Return of property to execution defendant

Indiana Statutes

§ 34-55-5-1 — Return of property to execution defendant

Indiana § 34-55-5-1

Title 34CIVIL LAW AND PROCEDURE

Art. 55EXECUTION OF JUDGMENTS

Ch. 5Personal Property Taken in Execution of Judgment

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Bluebook

Ind. Code § 34-55-5-1 (2026).

Text

(a)Any personal property taken in execution may be returned to the execution defendant by the sheriff, upon the delivery by the defendant to the sheriff of a written undertaking described in subsection (b).

(b)The written undertaking must be:

(1)payable to the execution plaintiff, with sufficient surety to be approved by the sheriff; and

(2)to the effect that the property shall be delivered to the sheriff at a time and place named in the undertaking, to be sold:

(A)according to law; or

(B)for the payment to the sheriff of the fair value of the property. [Pre-1998 Recodification Citation: 34-1-38-1.]

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(a) Any personal property taken in execution
may be returned to the execution defendant by the sheriff, upon the
delivery by the defendant to the sheriff of a written undertaking
described in subsection (b).
(b) The written undertaking must be:
(1) payable to the execution plaintiff, with sufficient surety to be
approved by the sheriff; and
(2) to the effect that the property shall be delivered to the sheriff
at a time and place named in the undertaking, to be sold:
(A) according to law; or
(B) for the payment to the sheriff of the fair value of the
property.
[Pre-1998 Recodification Citation: 34-1-38-1.]