Sec. 1. The estate or interest of the judgment debtor in any real estate shall not be sold on execution until the rents and profits of the real estate has been first offered for sale at public auction for a period not exceeding seven (7) years. However, if the real estate does not sell for […]
Sec. 10. Previous notice of the time and place of the sale of any personal property on execution shall be given for ten (10) days successively by posting written notices of the sale in at least three (3) of the most public places in the township where the sale is to be made. [Pre-1998 Recodification […]
Sec. 11. (a) Personal property shall not be sold unless the personal property is present and subject to the view of those persons attending the sale. (b) Personal property shall be sold at public auction, in such lots and parcels as calculated to bring the highest price. [Pre-1998 Recodification Citation: 34-1-39-7.] As added by P.L.1-1998, […]
Sec. 12. If the property levied on does not sell for a sum sufficient to satisfy the execution, the sheriff shall: (1) make a further and sufficient levy, if sufficient property can be found; (2) proceed as upon the first levy; and (3) return the sheriff’s actions on the further levy. [Pre-1998 Recodification Citation: 34-1-39-8.] […]
Sec. 13. The clerk, upon the return of an execution unsatisfied, shall issue another execution upon the judgment, and endorse on the execution the amount of money, if any, levied by the former execution. [Pre-1998 Recodification Citation: 34-1-39-9.] As added by P.L.1-1998, SEC.51.
Sec. 14. (a) Upon the sale of real estate, by virtue of an execution, and the payment of the purchase money, the sheriff making the sale (or in case of the sheriff’s death or going out of office, the sheriff’s successor) or any officer authorized to discharge the duties of the office shall execute and […]
Sec. 15. If the purchaser of real estate upon execution, who has paid the purchase money for the real estate, dies before a deed of conveyance is executed to the purchaser, the sheriff shall convey the real estate to the heirs or devisees of the deceased person. [Pre-1998 Recodification Citation: 34-1-39-11.] As added by P.L.1-1998, […]
Sec. 16. (a) A sheriff who: (1) sells any real estate without giving the previous notice required by this chapter (or IC 34-1-39 before its repeal); or (2) sells the real estate otherwise than in the manner prescribed by this chapter; shall forfeit and pay to the injured party not less than ten dollars ($10) […]
Sec. 17. If a sheriff or the sheriff’s agent making sale of property on execution directly or indirectly purchases the property, the sale is void. [Pre-1998 Recodification Citation: 34-1-39-13.] As added by P.L.1-1998, SEC.51.
Sec. 18. Whenever the purchaser of property sold on execution fails or refuses to pay the purchase money, the purchaser is liable, on motion made by the sheriff or the execution plaintiff or defendant in the proper court on five (5) days notice, to a judgment for the amount of: (1) the purchase money; (2) […]
Sec. 19. (a) As an alternative to the procedure set forth in section 18 of this chapter, the sheriff may reexpose and sell the property on the same or any subsequent day according to law. If the amount bid at the second sale does not equal the amount bid at the first sale and the […]
Sec. 2. A sheriff shall sell property on execution in a manner that is reasonably likely to bring the highest net proceeds from the sale after deducting the expenses of the offer to sell and sale. [Pre-1998 Recodification Citation: 34-1-39-1.5(a).] As added by P.L.1-1998, SEC.51.
Sec. 20. When an execution is issued to any county other than the county in which the judgment is rendered, return may be made by mail. However, money may not be sent by mail, except by the direction of the party entitled to the money or that party’s attorney. [Pre-1998 Recodification Citation: 34-1-39-16.] As added […]
Sec. 21. When property is sold on execution for more than will satisfy the execution, including interest and costs, the sheriff shall pay the overplus to the execution debtor on whom it was levied, or to the execution debtor’s assigns, unless the execution debtor is notified of the existence of liens to the payment of […]
Sec. 3. Upon prior petition of the debtor, any creditor involved in the execution proceedings, or, in the case of a partition action, any party having an interest in the property, the court in its order of execution shall order the property sold by the sheriff through the services of an auctioneer if the court […]
Sec. 4. An auctioneer engaged by a sheriff under this chapter shall conduct the auctioneer’s activities as appropriate to bring the highest bid for the property on execution. The advertising conducted by the auctioneer is in addition to any other notice required by law. [Pre-1998 Recodification Citation: 34-1-39-1.5(c).] As added by P.L.1-1998, SEC.51.
Sec. 5. (a) The auctioneer’s fee shall be a reasonable amount stated in the court’s order. (b) This subsection does not apply to a partition action. If the sale by use of an auctioneer has not been agreed to by the creditors in the proceedings and the sale price is less than the sale price […]
Sec. 6. Rents and profits may be sold as other property. [Pre-1998 Recodification Citation: 34-1-39-2.] As added by P.L.1-1998, SEC.51. Amended by P.L.45-2016, SEC.26.
Sec. 7. If rents and profits are sold under section 6 of this chapter (or IC 34-1-39-2 before its repeal), only the number of years of rents and profits not exceeding seven (7) years shall be sold as will satisfy the execution, and no more. The sheriff shall execute a lease to the purchaser for […]
Sec. 8. (a) Real estate, including chattels real, taken by virtue of an execution, shall be sold at public auction at: (1) the courthouse of the county in which the real estate is located; or (2) another location that is reasonably likely to draw higher bids for the real property. (b) If the estate consists […]
