§ 34-55-7-8 — Failure to give notice of sale to defendant; plaintiff required to submit refunding bond

Indiana § 34-55-7-8

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 55: EXECUTION OF JUDGMENTS
• Ch. 7: Liability of Sheriff to Pay Money Collected on Execution

Text

If:
(1) the sheriff sells the property of a nonresident or other person
upon an execution issued on a judgment recovered against the
person in a case where publication has been provided; and
(2) no personal notice of the pendency of the action was given to
the defendant;
the plaintiff may not receive any of the proceeds of the sale until the
plaintiff has filed in the clerk's office a written undertaking, with
surety, to be approved by the clerk, to the effect that the plaintiff will
refund the money about to be received by the plaintiff, or so much of
the money as is necessary, if the judgment is afterwards annulled or set
aside and the defendant shows that the plaintiff's claim is unfounded in
whole or in part. However, surety to refund is not required in cases of
attachment.
[Pre-1998 Recodification Citation: 34-1-40-8.]

Legislative History

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