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 […]
32-35-2-13. Issuance of Preliminary Order and Temporary Restraining Order
Sec. 13. Under any of the circumstances set forth in this chapter, or instead of the immediate issuance of an order of possession under this chapter, the judge may, in addition to issuing a preliminary order, issue a temporary restraining order directed to the defendant prohibiting certain acts with respect to the property if the […]
32-35-2-14. Hearing on Preliminary Order
Sec. 14. Upon the hearing on the preliminary order under this chapter, the court shall: (1) consider the showing made by the parties appearing; and (2) make a preliminary determination which party, with reasonable probability, is entitled to possession, use, and disposition of the property, pending final adjudication of the claims of the parties. [Pre-2002 […]
32-35-2-15. Prejudgment Order of Possession
Sec. 15. If the court determines, in an action under this chapter, that a prejudgment order of possession in the plaintiff’s favor should issue, the court shall issue the order. [Pre-2002 Recodification Citation: 34-21-4-8.] As added by P.L.2-2002, SEC.20.
32-35-2-16. Appointment of Receiver
Sec. 16. If the property claimed by the plaintiff in an action under this chapter has a peculiar value that cannot be compensated by damages, the court may, instead of issuing an order of possession, appoint a receiver to take possession of and hold the property until further order of the court. [Pre-2002 Recodification Citation: […]
32-35-2-17. Failure of Defendant to Appear
Sec. 17. If the defendant in an action under this chapter fails to appear, the court may enter its final judgment with respect to possession as in other cases where there is a default for a failure to appear. [Pre-2002 Recodification Citation: 34-21-4-10.] As added by P.L.2-2002, SEC.20.
32-35-2-18. Order of Possession; Contents
Sec. 18. An order of possession issued under this chapter must: (1) be directed to the sheriff or other officer charged with the execution of the order within whose jurisdiction the property is believed to be located; (2) describe the property to be seized; and (3) direct the executing officer to: (A) seize the property […]
32-35-2-19. Final Judgment; Contents
Sec. 19. If the order issued in an action under this chapter is a final judgment: (1) the court does not need to fix a time for the defendant to file a written undertaking; (2) the order must direct immediate delivery to the plaintiff; (3) a copy of any written undertaking filed by the plaintiff […]
32-35-2-20. Final Judgment to Supersede All Preceding Orders
Sec. 20. Any: (1) order for possession; (2) temporary restraining order; (3) prejudgment order for possession; or (4) other preliminary transfer of possession; issued under this article (or IC 34-1-9.1 or IC 34-21 before their repeal) is superseded by the final judgment rendered in an action under this chapter. [Pre-2002 Recodification Citation: 34-21-4-13.] As added […]
32-35-2-5. Issuance of Show Cause Order
Sec. 5. If a plaintiff files an affidavit under section 3 of this chapter, the clerk shall issue an order for a time fixed by the judge directing the defendant to appear for the purpose of controverting plaintiff’s affidavit or to otherwise show cause why: (1) a prejudgment order for possession should not issue; and […]