Sec. 1. The bail for stay of execution may be taken and approved by the clerk and the recognizance entered of record at any time before the stay of execution expires. The undertaking in the recognizance is for the payment of the judgment, interest, and costs that may accrue at or before the expiration of […]
Sec. 10. (a) A stay of execution is not allowed upon any judgment recovered against any officer, person, or corporation, or the sureties of an officer, person, or corporation, for money received in a fiduciary capacity, or for a breach of any official duty. (b) The clerk shall immediately issue executions upon judgments described in […]
Sec. 11. When any court renders judgment against two (2) or more persons, any of whom are sureties for any other or others in the contract on which the judgment is founded, there shall be no stay of execution on the judgment if the sureties object at the time of rendering the judgment. It shall […]
Sec. 12. A surety for the stay of execution may file with the clerk an affidavit, stating that the surety truly believes that the surety will be liable for the judgment, interest, and costs unless execution issues immediately. The clerk shall immediately issue execution unless other sufficient bail is entered before the clerk or sheriff […]
Sec. 13. If other sufficient bail is entered, it shall have the force of the original bail entered before the filing of the affidavit and shall discharge the original bail. [Pre-1998 Recodification Citation: 34-1-35-14.] As added by P.L.1-1998, SEC.51.
Sec. 2. When bail is entered after execution is issued, the clerk shall immediately notify the sheriff of the stay of execution. The sheriff shall immediately return the execution, noting the sheriff’s actions on the execution. [Pre-1998 Recodification Citation: 34-1-35-3.] As added by P.L.1-1998, SEC.51.
Sec. 3. When execution issues for want of bail before the stay of execution expires, the clerk shall endorse on the execution: (1) the date of the judgment; and (2) that the execution is repleviable. [Pre-1998 Recodification Citation: 34-1-35-4.] As added by P.L.1-1998, SEC.51.
Sec. 4. In a case described in section 3 of this chapter, the defendant may have a stay of execution for the remainder of the term of the stay of execution by putting in bail, approved by the sheriff, and endorsed on the stay and signed by the surety. [Pre-1998 Recodification Citation: 34-1-35-5.] As added […]
Sec. 5. The sheriff, having taken the bail, shall immediately return the execution, with the sheriff’s actions noted on the execution to the clerk’s office. The clerk shall copy the recognizance in the execution docket. The recognizance has the same force as if taken by the clerk. [Pre-1998 Recodification Citation: 34-1-35-6.] As added by P.L.1-1998, […]
Sec. 6. All: (1) property levied on before stay of execution; and (2) written undertakings for the delivery of personal property to the sheriff; shall be relinquished by the officer upon bail for the stay of execution being entered. [Pre-1998 Recodification Citation: 34-1-35-7.] As added by P.L.1-1998, SEC.51.
Sec. 7. Every recognizance of bail, taken as provided in this chapter, has the effect of a judgment confessed, from the date of the recognizance, against the person and property of the bail. [Pre-1998 Recodification Citation: 34-1-35-8.] As added by P.L.1-1998, SEC.51.
Sec. 8. (a) An execution shall not be issued in any cause except on the written praecipe of: (1) a party to the suit; (2) the party’s representatives or assigns; or (3) the party’s attorney of record. (b) A fee bill shall not be issued unless the fee bill is ordered by the person to […]
Sec. 9. At the expiration of the stay, the clerk shall issue a joint execution against the property of all the judgment debtors and replevin bail. The sheriff shall first levy upon the property of the judgment defendants, if sufficient property can be found. If not, the sheriff shall, without delay, levy the execution upon […]
