32-35-2-25. Redelivery of Property to Defendant From Executing Officer
Sec. 25. If the property is in the custody of the executing officer at the time the defendant files an undertaking under section 22 of this chapter, the property shall be redelivered to the defendant not later than five (5) days after the date of service of notice of the filing of the undertaking upon […]
32-35-2-26. Action in Replevin Against Officer; Procedure
Sec. 26. (a) If: (1) any officer, by virtue of any writ of attachment or execution lawfully issued to the officer, attaches or levies upon any personal property as the property of the attachment or execution defendant; and (2) any other person, firm, limited liability company, or corporation brings an action in replevin against the […]
32-35-2-27. Delivery to Defendant in Open Court
Sec. 27. If the defendant or the defendant’s attorney is in open court at the time the order of possession is issued under this chapter, a copy of the order shall be delivered promptly to the defendant and the delivery shall be noted in the order book. [Pre-2002 Recodification Citation: 34-21-7-1.] As added by P.L.2-2002, […]
32-35-2-28. Service by Sheriff or Other Executing Officer
Sec. 28. If the defendant and the defendant’s attorney are not present in open court when the order of possession is issued under this chapter, sufficient copies of the order shall be delivered to the sheriff or other executing officer. The executing officer shall, without delay, serve upon the defendant a copy of the order […]
32-35-2-29. Taking Immediate Custody of Property; Exception for Vehicle or Boat Used as Defendant’s Dwelling
Sec. 29. (a) Upon serving on the defendant a copy of the order of possession under section 28 of this chapter, the executing officer, except as provided in subsection (b), shall immediately take the property into custody if the property is in the possession or control of the defendant or the defendant’s agent. (b) If […]
32-35-2-30. Taking Possession of Building or Enclosure
Sec. 30. If the property or any part of the property that is subject to an order of possession issued under this chapter is: (1) in a building or enclosure; and (2) not voluntarily delivered; the executing officer shall cause the building or enclosure to be broken open in a manner the officer reasonably believes […]
32-35-2-31. Safekeeping and Delivery of Property; Expenses
Sec. 31. An executing officer who has taken property subject to an order of possession issued under this chapter shall: (1) keep it in a secure place; and (2) deliver it to the party entitled to the property upon receiving actual, reasonable, and necessary expenses for keeping the property. [Pre-2002 Recodification Citation: 34-21-8-3.] As added […]
32-35-2-32. Order of Possession; Endorsement and Return to Court
Sec. 32. After taking property subject to an order of possession issued under this chapter, an executing officer shall: (1) note the executing officer’s proceedings in writing upon the order of possession; and (2) return the order of possession to the court in which the action is pending; within five (5) days after taking the […]
32-35-2-33. Judgment for Plaintiff; Contents
Sec. 33. In an action to recover the possession of personal property, judgment for the plaintiff may be for: (1) the delivery of the property, or the value of the property in case delivery is not possible; and (2) damages for the detention of the property. [Pre-2002 Recodification Citation: 34-21-9-1.] As added by P.L.2-2002, SEC.20.
32-35-2-34. Judgment for Defendant; Contents
Sec. 34. In an action to recover the possession of personal property, if the property has been delivered to the plaintiff and the defendant claims a return of the property, judgment for the defendant may be for: (1) the return of the property, or its value, in case return is not possible; and (2) damages […]