reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 11. Enforcement of Foreign Judgments › 34-54-11-5. Alternative Action to Enforce a Foreign Judgment Not Impaired

Sec. 5. This chapter does not impair a judgment creditor's right to bring an action to enforce a foreign judgment by other means.
As added by P.L.40-2003, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 11. Enforcement of Foreign Judgments › 34-54-11-6. Purpose

Sec. 6. This chapter shall be interpreted and construed to effectuate its general purpose to make uniform the law of those states that enact the uniform enforcement of foreign judgments act.
As added by P.L.63-2010, SEC.4.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 12. Uniform Act for the Recognition of Foreign Country Money Judgments › 34-54-12-1. Application; Burden of Proof

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to a foreign country judgment to the extent that the judgment:
(1) grants or denies recovery of a sum of money; and
(2) under the law of the foreign country where rendered, is final, conclusive, and enforceable.
(b) This chapter does not apply to a foreign country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is:
(1) a judgment for taxes;
(2) a fine or other penalty; or
(3) a judgment for divorce, support, or maintenance, or other judgment rendered in connection with domestic relations.
(c) A party seeking recognition of a foreign country judgment has the burden of establishing that this chapter applies to the foreign country judgment.
As added by P.L.213-2011, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 12. Uniform Act for the Recognition of Foreign Country Money Judgments › 34-54-12-2. Definitions

Sec. 2. The following definitions apply throughout this chapter:
(1) "Foreign country" means a government other than:
(A) the United States;
(B) a state, district, commonwealth, territory, or insular possession of the United States; or
(C) any other government with regard to which the decision in Indiana as to whether to recognize a judgment of that government's courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.
(2) "Foreign country judgment" means a judgment of a court of a foreign country.
As added by P.L.213-2011, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 12. Uniform Act for the Recognition of Foreign Country Money Judgments › 34-54-12-3. Recognition of a Foreign Country Judgment

Sec. 3. (a) Except as provided in subsections (b) and (c), a court shall recognize a foreign country judgment to which this chapter applies.
(b) A court may not recognize a foreign country judgment if:
(1) the judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
(2) the foreign court did not have personal jurisdiction over the defendant; or
(3) the foreign court did not have jurisdiction over the subject matter.
(c) A court is not required to recognize a foreign country judgment if:
(1) the defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
(2) the judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;
(3) the judgment or the cause of action on which the judgment is based is repugnant to the public policy of Indiana or of the United States;
(4) the judgment conflicts with another final and conclusive judgment;
(5) the proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;
(6) in the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;
(7) the judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or
(8) the specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.
(d) A party resisting recognition of a foreign country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (b) or (c) exists.
As added by P.L.213-2011, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 12. Uniform Act for the Recognition of Foreign Country Money Judgments › 34-54-12-4. Personal Jurisdiction

Sec. 4. (a) A foreign country judgment may not be refused recognition for lack of personal jurisdiction if:
(1) the defendant was served with process personally in the foreign country;
(2) the defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
(3) the defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
(4) the defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country;
(5) the defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or
(6) the defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action arising out of that operation.
(b) The list of bases for personal jurisdiction in subsection (a) is not exclusive. A court may recognize bases of personal jurisdiction other than those listed in subsection (a) as sufficient to support a foreign country judgment.
As added by P.L.213-2011, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 12. Uniform Act for the Recognition of Foreign Country Money Judgments › 34-54-12-5. Manner of Seeking Recognition of a Foreign Country Judgment

Sec. 5. (a) If recognition of a foreign country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign country judgment.
(b) If recognition of a foreign country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense.
As added by P.L.213-2011, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 12. Uniform Act for the Recognition of Foreign Country Money Judgments › 34-54-12-6. Effect of Recognizing a Foreign Country Judgment

Sec. 6. If the court in a proceeding under section 5 of this chapter finds that the foreign country judgment is entitled to recognition under this chapter then, to the extent that the foreign country judgment grants or denies recovery of a sum of money, the foreign country judgment is:
(1) conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in Indiana would be conclusive; and
(2) enforceable in the same manner and to the same extent as a judgment rendered in Indiana.
As added by P.L.213-2011, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 12. Uniform Act for the Recognition of Foreign Country Money Judgments › 34-54-12-7. Stay Pending Appeal

Sec. 7. If a party establishes that an appeal from a foreign country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign country judgment in accordance with the Indiana rules of trial procedure.
As added by P.L.213-2011, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 12. Uniform Act for the Recognition of Foreign Country Money Judgments › 34-54-12-8. Construction

Sec. 8. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
As added by P.L.213-2011, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 54. Judgments › Chapter 12. Uniform Act for the Recognition of Foreign Country Money Judgments › 34-54-12-9. Other Grounds for Recognizing Foreign Country Judgments Not Precluded

Sec. 9. This chapter does not prevent the recognition under principles of comity or otherwise of a foreign country judgment not within the scope of this chapter.
As added by P.L.213-2011, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 1. Execution of Judgments Generally › 34-55-1-1. Enforcement of Judgments Requiring Payments of Money or Delivery of Real or Personal Property

Sec. 1. When a judgment requires the payment of money or delivery of real or personal property, the judgment may be enforced by execution as provided in this chapter. When the judgment requires the performance of any other act, a certified copy of the judgment may be served upon:
(1) the party against whom the judgment is given; or
(2) the person or officer who is required by the judgment or by law to obey the judgment;
and the person's obedience to the judgment may be enforced. If the person refuses to obey the judgment, the person may be punished by the court as for contempt.
[Pre-1998 Recodification Citation: 34-1-34-3.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 1. Execution of Judgments Generally › 34-55-1-2. Issuance After Lapse of Ten Years

Sec. 2. (a) After the lapse of ten (10) years after:
(1) the entry of judgment; or
(2) issuing of an execution;
an execution can be issued only on leave of court, upon motion, after ten (10) days personal notice to the adverse party, unless the adverse party is absent or a nonresident, or cannot be found.
(b) When an execution is issued on leave of court under subsection (a), service of notice may be made by publication, as in an original action, or in a manner as the court directs. Leave shall not be given unless it is established by the oath of the party or other satisfactory proof that the judgment or part of the judgment remains unsatisfied and due.
[Pre-1998 Recodification Citation: 34-1-34-2.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 1. Execution of Judgments Generally › 34-55-1-3. Three Kinds of Executions

Sec. 3. There are three (3) kinds of executions:
(1) Execution against the property of the judgment debtor.
(2) Execution against the person of the judgment debtor.
(3) Execution for the delivery of the possession of real or personal property, or such delivery with damages for withholding real or personal property.
[Pre-1998 Recodification Citation: 34-1-34-4 part.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 1. Execution of Judgments Generally › 34-55-1-4. Executions Issued to Sheriffs

Sec. 4. Executions may be issued to the sheriffs of different counties at the same time. However, the plaintiff shall pay the costs upon all executions not necessary to the collection of the plaintiff's judgment.
[Pre-1998 Recodification Citation: 34-1-34-4 part.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 1. Execution of Judgments Generally › 34-55-1-5. Form of Execution

Sec. 5. The execution must:
(1) issue in the name of the state;
(2) be directed to the sheriff of the county;
(3) be sealed with the seal of the court; and
(4) attested by the clerk of the court.
[Pre-1998 Recodification Citation: 34-1-34-7 part.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 1. Execution of Judgments Generally › 34-55-1-6. Reference to Judgment in Execution

Sec. 6. The execution must intelligibly refer to the judgment, stating:
(1) the court where and the time when rendered;
(2) the names of the parties;
(3) the amount, if the judgment is for money; and
(4) the amount actually due on the judgment.
[Pre-1998 Recodification Citation: 34-1-34-7 part.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 1. Execution of Judgments Generally › 34-55-1-7. Requirements of Sheriff in Execution

Sec. 7. The execution must require the sheriff to do the following:
(1) If the execution is against the property of the judgment debtor, the execution must require the sheriff to satisfy the judgment out of the property of the debtor, subject to execution.
(2) If the execution is against real or personal property in the hands of personal representatives, heirs, devisees, legatees, tenants of real property, or trustees, the execution must require the sheriff to satisfy the judgment out of that property.
(3) If the execution is against the body of the judgment debtor, the execution must require the sheriff to arrest the debtor and commit the debtor to the jail of the county until the debtor pays the judgment or is discharged according to law.
(4) If the execution is for the delivery of the possession of real or personal property, the execution:
(A) must require the sheriff to deliver the possession of the property, particularly describing the property to the party entitled to the property; and
(B) may at the same time require the sheriff to satisfy any costs, damages, rents, or profits recovered by the judgment out of the property of the party against whom the judgment was rendered, subject to execution.
The value of the property for which the judgment was recovered must be specified in the execution if a delivery cannot be made, and shall, in that respect, be considered an execution against property.
[Pre-1998 Recodification Citation: 34-1-34-7 part.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 1. Execution of Judgments Generally › 34-55-1-8. Executions Against Body; When Issued

Sec. 8. An execution against the body shall not be issued while an execution against the property remains unreturned.
[Pre-1998 Recodification Citation: 34-1-34-5 part.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 1. Execution of Judgments Generally › 34-55-1-9. Executions Against Property; When Issued

Sec. 9. An execution against the property shall not be issued while there is an execution against the body unreturned.
[Pre-1998 Recodification Citation: 34-1-34-5 part.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 1. Execution of Judgments Generally › 34-55-1-10. Execution Against Body or Property; Issuance to Sheriff

Sec. 10. (a) When the execution is against the property or body of the judgment debtor, the execution may be issued to the sheriff of any county in Indiana.
(b) When the execution requires the delivery of real or personal property, the execution must be issued to the sheriff of the county where the property or part of the property is located.
[Pre-1998 Recodification Citation: 34-1-34-6.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 1. Execution of Judgments Generally › 34-55-1-11. Return of Execution

Sec. 11. (a) Except as provided in subsection (b), the execution shall be returned not later than ninety (90) days after the date of the execution.
(b) The judgment creditor, at the time of filing praecipe for execution, may designate any other time less than ninety (90) days for the return of the execution. In that case, the execution shall be returned within the time fixed by the judgment creditor.
[Pre-1998 Recodification Citation: 34-1-34-8.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 1. Execution of Judgments Generally › 34-55-1-12. Execution Against Goods and Chattels; Priorities

Sec. 12. (a) When an execution against the property of any person is delivered to an officer to be executed, the goods and chattels of the person within the jurisdiction of the officer is bound from the time of the delivery.
(b) If there are several executions against the same defendant in the hands of different officers, that execution, without regard to the time of its delivery under which the first levy is made, has the preference, and all liens created by the prior delivery of any other execution are divested in favor of the execution first levied.
[Pre-1998 Recodification Citation: 34-1-34-9.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 1. Execution of Judgments Generally › 34-55-1-13. Endorsement by Sheriff

Sec. 13. The sheriff receiving an execution shall endorse on the execution the year, month, day, and hour when the sheriff received the execution.
[Pre-1998 Recodification Citation: 34-1-34-10.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 1. Execution of Judgments Generally › 34-55-1-14. Executions Against Principal and Surety; Principal's Property First

Sec. 14. If it appears upon the face of an execution or by the endorsement of the clerk that of those persons against whom the execution is issued, any one (1) person is surety for another, the property of the principal shall be first sold, unless the surety directs otherwise.
[Pre-1998 Recodification Citation: 34-1-34-11.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 1. Execution of Judgments Generally › 34-55-1-15. Issuance on Sunday

Sec. 15. An execution may be issued and executed on Sunday whenever an affidavit is filed by the plaintiff or another person on the plaintiff's behalf, stating that the plaintiff has reason to fear and believe that the plaintiff will lose the judgment unless process is issued on Sunday.
[Pre-1998 Recodification Citation: 34-1-34-12.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 1. Execution of Judgments Generally › 34-55-1-16. Clerk's Endorsement on Sunday Service

Sec. 16. The clerk shall endorse on the execution that the defendants are not privileged from service on Sunday.
[Pre-1998 Recodification Citation: 34-1-34-13.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 1. Execution of Judgments Generally › 34-55-1-17. Sheriff; Death or Vacancy in Office

Sec. 17. If the sheriff dies or leaves office before the return of an execution, the sheriff's successor or other officer authorized to discharge the duties of the office shall proceed in the same manner that the sheriff should have done.
[Pre-1998 Recodification Citation: 34-1-34-14.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 2. Stay of Execution › 34-55-2-1. Bail for Stay of Executions; Entry on Record

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 the stay of execution. The recognizance shall be written immediately following the entry of the judgment and signed by the bail.
[Pre-1998 Recodification Citation: 34-1-35-2.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 2. Stay of Execution › 34-55-2-2. Return of Execution Upon Entry of Bail

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.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 2. Stay of Execution › 34-55-2-3. Execution Issued for Want of Bail; Clerk's Endorsement

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.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 2. Stay of Execution › 34-55-2-4. Stay of Execution for Remainder of Term

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 by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 2. Stay of Execution › 34-55-2-5. Return of Execution by Sheriff; Copy of Recognizance on Execution Docket

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.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 2. Stay of Execution › 34-55-2-6. Relinquishment of Property Levied Before Stay of Execution

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.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 2. Stay of Execution › 34-55-2-7. Recognizance of Bail; Effect of Judgment Confessed

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.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 2. Stay of Execution › 34-55-2-8. Praecipe and Fee Bill

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 whom the fees or a part of the fees are due. However, the clerk shall receive nothing for any fee bill issued for the clerk's own fees.
[Pre-1998 Recodification Citation: 34-1-35-9.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 2. Stay of Execution › 34-55-2-9. Joint Executions

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 the property of the bail. However, no property of the bail shall be sold while property of the original judgment debtor, subject to the execution, can be found in the county.
[Pre-1998 Recodification Citation: 34-1-35-10.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 2. Stay of Execution › 34-55-2-10. When Stays Not Allowed

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 subsection (a), returnable in ninety (90) days, and endorsed "not repleviable". It shall be so ordered in the judgment.
[Pre-1998 Recodification Citation: 34-1-35-11.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 2. Stay of Execution › 34-55-2-11. Sureties' Objections to Stay

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 be so ordered by the court unless surety for the stay of execution will undertake specially to pay the judgment, in case the amount of the judgment cannot be levied of the principal defendant.
[Pre-1998 Recodification Citation: 34-1-35-12.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 2. Stay of Execution › 34-55-2-12. Surety for Stay; Request for Immediate Execution

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 as in other cases.
[Pre-1998 Recodification Citation: 34-1-35-13.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 2. Stay of Execution › 34-55-2-13. Entry of Other Bail; Effect

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.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 3. Levy of Execution › 34-55-3-1. Service by Sheriff and Offer to Sell

Sec. 1. When an execution against the property of any person is issued to the sheriff, the sheriff shall:
(1) serve the execution upon the defendants in the county and levy the execution, if not paid, upon property; and
(2) make at least one (1) offer to sell property levied upon within sixty (60) days after the execution comes to the sheriff, if property can be found, unless otherwise directed by the plaintiff or the plaintiff's agents.
[Pre-1998 Recodification Citation: 34-1-36-1.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 3. Levy of Execution › 34-55-3-2. Currency and Bank Notes

Sec. 2. Current coin and lawful money, and bank notes the plaintiff is willing to receive as money, may be levied upon and returned on execution, without sale, as so much money collected.
[Pre-1998 Recodification Citation: 34-1-36-2.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 3. Levy of Execution › 34-55-3-3. Bills, Notes, Drafts, and Checks

Sec. 3. Bills, notes, drafts, checks, or other evidences of debt, issued by any monied corporation or bank, or by Indiana or the United States, and circulating as money, may be levied upon as personal property and sold on execution.
[Pre-1998 Recodification Citation: 34-1-36-3.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 3. Levy of Execution › 34-55-3-4. Goods and Chattels Pledged, Assigned, or Mortgaged

Sec. 4. Goods and chattels pledged, assigned, or mortgaged as security for any debt or contract may be levied upon and sold on execution against the person making the pledge, assignment, or mortgage. The purchaser is entitled to the possession upon complying with the conditions of the pledge, assignment, or mortgage.
[Pre-1998 Recodification Citation: 34-1-36-4.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 3. Levy of Execution › 34-55-3-5. Shares of Stock

Sec. 5. (a) Shares of stock in any corporation or company may be levied upon and sold in the county where the office and books, showing the shares of stock and stockholders of the corporation or company, are kept.
(b) The sheriff shall transfer the stock, subject to the rights of the corporation or company.
(c) The sheriff is entitled to access to the books of any corporation or company in the sheriff's county for the purpose of making the levy. If refused access, the court shall enforce the right.
(d) The shares of stock subject to be levied upon are bound by the execution from the time of the levy. When the levy is made, the sheriff shall leave the notice of the levy with the officers of the company. The levy constitutes a lien upon the stock from the time of the levy.
[Pre-1998 Recodification Citation: 34-1-36-5.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 3. Levy of Execution › 34-55-3-6. Debt or Cause of Action

Sec. 6. Any debt or cause of action, which is assignable, may be levied upon, when given up by the defendant, and sold on execution, in the same manner as other personal property.
[Pre-1998 Recodification Citation: 34-1-36-6.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 3. Levy of Execution › 34-55-3-7. Debt or Thing in Action; Assignment and Delivery to Purchaser

Sec. 7. The sheriff making the sale of any debt or thing in action shall assign and deliver the debt or thing in action to the purchaser. The assignment has the same effect as if made by the execution defendant at the time of making the levy.
[Pre-1998 Recodification Citation: 34-1-36-7.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 3. Levy of Execution › 34-55-3-8. Actions Involving Assignments; Pleading

Sec. 8. In any action in which the assignment is declared upon or stated, it is not necessary to plead or prove any judgment or execution, by virtue of which the sale was made, nor to prove the execution of the assignment, unless the assignment is denied under oath.
[Pre-1998 Recodification Citation: 34-1-36-8.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 3. Levy of Execution › 34-55-3-9. Designated and Undesignated Property

Sec. 9. (a) When an execution issues against the real or personal property of any person, the sheriff shall levy the execution, first upon that part of the property designated by the person, if there is no reasonable doubt that the person is the owner of the property and if designated in time to enable the sheriff to levy and sell without unnecessary delay.
(b) If no property is designated as described in subsection (a), the sheriff shall levy the execution upon any property of the debtor that can be found, subject to execution.
(c) If the designated property is insufficient to satisfy the execution, the sheriff shall levy the execution upon other property, subject to execution, as can be most readily found, sufficient, in addition to the property designated, to satisfy the execution.
[Pre-1998 Recodification Citations: 34-1-36-9; 34-1-36-10; 34-1-36-11.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 3. Levy of Execution › 34-55-3-10. Personalty and Real Estate; Order of Levy and Sale

Sec. 10. In all cases where the personal estate of the debtor, subject to execution, is insufficient to satisfy the execution, the real estate is exempt from levy and sale until the personal estate is levied upon and sold, unless the debtor directs otherwise. The principal messuage, lands, or tenements of the debtor, or upon which the debtor may reside, shall not be levied upon unless other property cannot be found sufficient to satisfy the execution in the hands of the sheriff.
[Pre-1998 Recodification Citation: 34-1-36-12.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 4. Appraisement › 34-55-4-1. Repealed

[Pre-1998 Recodification Citation: 34-1-37-1.]
As added by P.L.1-1998, SEC.51. Repealed by P.L.45-2016, SEC.15.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 4. Appraisement › 34-55-4-2. Repealed

[Pre-1998 Recodification Citation: 34-1-37-2.]
As added by P.L.1-1998, SEC.51. Repealed by P.L.45-2016, SEC.16.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 4. Appraisement › 34-55-4-3. Repealed

[Pre-1998 Recodification Citation: 34-1-37-3.]
As added by P.L.1-1998, SEC.51. Repealed by P.L.45-2016, SEC.17.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 4. Appraisement › 34-55-4-4. Repealed

[Pre-1998 Recodification Citation: 34-1-37-4.]
As added by P.L.1-1998, SEC.51. Repealed by P.L.45-2016, SEC.18.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 4. Appraisement › 34-55-4-5. Lists of Liens and Encumbrances

Sec. 5. It is not the duty of the sheriff to ascertain the amount of liens and encumbrances. However, either party may furnish the sheriff with a list of liens and encumbrances, with the amount and nature of each.
[Pre-1998 Recodification Citation: 34-1-37-5.]
As added by P.L.1-1998, SEC.51. Amended by P.L.45-2016, SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 4. Appraisement › 34-55-4-6. Repealed

[Pre-1998 Recodification Citation: 34-1-37-6.]
As added by P.L.1-1998, SEC.51. Repealed by P.L.45-2016, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 4. Appraisement › 34-55-4-7. Repealed

[Pre-1998 Recodification Citation: 34-1-37-7.]
As added by P.L.1-1998, SEC.51. Repealed by P.L.45-2016, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 4. Appraisement › 34-55-4-8. Purchaser's Rights Regarding Encumbered Property

Sec. 8. (a) Subject to subsection (b), where any property is sold subject to liens and encumbrances, the purchaser may:
(1) pay the liens and encumbrances and hold the property discharged from all claims of the execution defendant; or
(2) hold the property subject to be redeemed by the execution defendant, or the execution defendant's heirs, or assigns, by paying to the purchaser, or the purchaser's heirs or assigns, the purchase money, with interest.
When redeemed, the purchaser shall have the growing crops and shall not be accountable for rents and profits, but the purchaser shall account for waste.
(b) This section does not deprive a party from the right to redeem when authorized by statute.
[Pre-1998 Recodification Citation: 34-1-37-8.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 4. Appraisement › 34-55-4-9. Unsold Property; Sheriff's Duty

Sec. 9. When any property levied on remains unsold, the sheriff shall return the execution, stating in the sheriff's return the failure to sell and the cause of the failure.
[Pre-1998 Recodification Citation: 34-1-37-9.]
As added by P.L.1-1998, SEC.51. Amended by P.L.45-2016, SEC.22.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 4. Appraisement › 34-55-4-10. Continuance of Lien on Unsold Property

Sec. 10. (a) The lien of the levy upon the property shall continue, and the clerk, when directed by the plaintiff, shall immediately issue another execution:
(1) reciting the return of the former execution and the levy and failure to sell; and
(2) directing the sheriff to satisfy the judgment out of the unsold property, if the unsold property is sufficient.
(b) If the property is not sufficient, the sheriff shall satisfy the judgment out of any other property of the debtor subject to execution. However, the lien as to personal property continues only for thirty (30) days (unless a second execution is issued) from the time of the return. At that time, the property shall be released to bona fide purchasers for value and to the levies of writs on other judgments. The levy shall, as between the parties, be considered vacated. As to real property, the levy of the writ shall be discharged after six (6) months.
[Pre-1998 Recodification Citation: 34-1-37-10.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 4. Appraisement › 34-55-4-11. Unsold Property; Revaluation and Reoffer

Sec. 11. Whenever any property levied upon remains unsold for want of buyers, the plaintiff may cause the property to be reoffered at any time before the return day of the execution, at the plaintiff's costs, as often as the plaintiff may direct. In case of the sale of the property, the costs of the offer and sale shall be taxed against the defendant. Either party may have a revaluation of the property, at that party's costs, after any offer to sell.
[Pre-1998 Recodification Citation: 34-1-37-11.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 4. Appraisement › 34-55-4-12. Repealed

[Pre-1998 Recodification Citation: 34-1-37-12.]
As added by P.L.1-1998, SEC.51. Repealed by P.L.45-2016, SEC.23.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 5. Personal Property Taken in Execution of Judgment › 34-55-5-1. Return of Property to Execution Defendant

Sec. 1. (a) Any personal property taken in execution may be returned to the execution defendant by the sheriff, upon the delivery by the defendant to the sheriff of a written undertaking described in subsection (b).
(b) The written undertaking must be:
(1) payable to the execution plaintiff, with sufficient surety to be approved by the sheriff; and
(2) to the effect that the property shall be delivered to the sheriff at a time and place named in the undertaking, to be sold:
(A) according to law; or
(B) for the payment to the sheriff of the fair value of the property.
[Pre-1998 Recodification Citation: 34-1-38-1.]
As added by P.L.1-1998, SEC.51. Amended by P.L.45-2016, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 5. Personal Property Taken in Execution of Judgment › 34-55-5-2. Repealed

[Pre-1998 Recodification Citation: 34-1-38-2.]
As added by P.L.1-1998, SEC.51. Repealed by P.L.45-2016, SEC.25.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 5. Personal Property Taken in Execution of Judgment › 34-55-5-3. Nondelivery of Property; Duty of Sheriff to Levy and Sell

Sec. 3. In case of the nondelivery of the property according to the undertaking, the sheriff shall levy upon and sell the property, or any other property of the defendant, as soon as practicable, at any time before the return day of the execution.
[Pre-1998 Recodification Citation: 34-1-38-3.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 5. Personal Property Taken in Execution of Judgment › 34-55-5-4. Forfeiture of Undertaking; Endorsement

Sec. 4. Upon the forfeiture of the written undertaking, the officer shall immediately return it endorsed "forfeited" to the clerk's office for the use of the plaintiff.
[Pre-1998 Recodification Citation: 34-1-38-4.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 5. Personal Property Taken in Execution of Judgment › 34-55-5-5. Actions on Undertakings; Damages

Sec. 5. The written undertaking is valid in law. An action may be brought on the written undertaking, whenever the condition of the written undertaking is broken, and on recovery. The value of the property so taken, with damages not exceeding ten percent (10%) on the value, shall be assessed in favor of the plaintiff. However, the recovery may not exceed the amount due on the execution, and ten percent (10%) on the principal.
[Pre-1998 Recodification Citation: 34-1-38-5.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 5. Personal Property Taken in Execution of Judgment › 34-55-5-6. Execution Without Stay

Sec. 6. On judgment obtained on the written undertaking, execution shall issue immediately, without stay, returnable in thirty (30) days, and the sheriff shall not return to the execution defendant any property levied on, except upon payment of the judgment.
[Pre-1998 Recodification Citation: 34-1-38-6.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 6. Sale of Property on Execution › 34-55-6-1. Real Estate; Rents and Profits to Be First Offered for Sale

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 a sum sufficient to satisfy the execution, the estate or interest of the judgment debtor shall be sold by virtue of the execution.
[Pre-1998 Recodification Citation: 34-1-39-1.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 6. Sale of Property on Execution › 34-55-6-2. Manner of Sale

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.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 6. Sale of Property on Execution › 34-55-6-3. Auctions

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 determines that:
(1) a sale is economically feasible; or
(2) all the creditors in the proceedings agree to both that method of sale and the compensation to be paid the auctioneer.
[Pre-1998 Recodification Citation: 34-1-39-1.5(b) part.]
As added by P.L.1-1998, SEC.51. Amended by P.L.94-2014, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 6. Sale of Property on Execution › 34-55-6-4. Auctioneer's Conduct; Advertising

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.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 6. Sale of Property on Execution › 34-55-6-5. Auctioneer's Fee and Expenses

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 described in IC 34-6-2-35, the auctioneer is entitled only to the auctioneer's advertising expenses plus one hundred dollars ($100).
(c) The amount due the auctioneer for the auctioneer's expenses and fee, if any, shall be paid as a cost of the sale from the sale proceeds before the payment of any other payment from the sale proceeds.
[Pre-1998 Recodification Citation: 34-1-39-1.5(d).]
As added by P.L.1-1998, SEC.51. Amended by P.L.94-2014, SEC.9.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 6. Sale of Property on Execution › 34-55-6-6. Sale of Rents and Profits

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.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 6. Sale of Property on Execution › 34-55-6-7. Rents and Profits; Maximum Term of Lease

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 the term sold.
[Pre-1998 Recodification Citation: 34-1-39-3.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 6. Sale of Property on Execution › 34-55-6-8. Real Estate; Sale at Public Auction

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 of several lots, tracts, and parcels, each lot, tract, or parcel shall be offered for sale separately. No more of any real estate shall be offered for sale than is necessary to satisfy the execution, unless the real estate is not susceptible of division.
(c) When real estate which is not susceptible of division is ordered to be sold on any decree or judgment, and the real estate is traversed by the line between two (2) counties, the real estate may be advertised and sold in either county.
[Pre-1998 Recodification Citation: 34-1-39-4.]
As added by P.L.1-1998, SEC.51.