reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 6. Sale of Property on Execution › 34-55-6-9. Real Estate; Notice and Requirements for Sale

Sec. 9. (a) A sale of real estate, on execution, shall be advertised by the sheriff for at least twenty (20) days successively, next before the day of sale, by:
(1) posting written or printed notices of the sale in three (3) public places in the township in which the real estate is located;
(2) posting a like advertisement at the door of the courthouse of the county; and
(3) advertising the sale for three (3) weeks successively:
(A) with each publication of notice in a newspaper:
(i) of general circulation;
(ii) printed in the English language; and
(iii) published in the county where the real estate is located; or
(B) with the first publication of notice one (1) time in a newspaper described in clause (A) and all successive publications of notice:
(i) in accordance with IC 5-3-5; and
(ii) on the official web site of each county where the real estate is located.
(b) However, if the sheriff is not able to procure the publication of the notice in a newspaper of general circulation, published within the sheriff's county, the sheriff may dispense with the publication of the notice or publish the notice on the official web site of each county where the real estate is located for three (3) weeks successively. The land may be sold without the required publication, but the sheriff shall, in the sheriff's return of the writ, state the sheriff's inability to procure the publication of notice in the newspaper. The return has the same effect in evidence as the official returns of sheriffs in other cases.
(c) In a notice under this section, the sheriff must include the following:
(1) A statement of the date, time, and place of the sale.
(2) A description of the location of the property that includes, for informational purposes only, the location of each property by street address, if any, or other common description of the property other than legal description. However, a misstatement in the informational statement under this subdivision does not invalidate an otherwise valid sale.
[Pre-1998 Recodification Citation: 34-1-39-5.]
As added by P.L.1-1998, SEC.51. Amended by P.L.152-2021, SEC.36.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 6. Sale of Property on Execution › 34-55-6-10. Personal Property; Notice Requirements for Sale

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 Citation: 34-1-39-6.]
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 › 34-55-6-11. Personal Property; Sale at Public Auction

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.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 6. Sale of Property on Execution › 34-55-6-12. Insufficient Levy; Further Levy and Sale

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.]
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 › 34-55-6-13. Unsatisfied Execution; Issuance of New Execution

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.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 6. Sale of Property on Execution › 34-55-6-14. Real Estate; Sheriff's Deed

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 deliver to the purchaser a deed of conveyance for the premises.
(b) A deed of conveyance delivered under subsection (a) is valid and effectual to convey all the right, title, and interest of the execution debtor to the purchaser, except any right of redemption, as provided by law.
[Pre-1998 Recodification Citation: 34-1-39-10.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 6. Sale of Property on Execution › 34-55-6-15. Real Estate; Conveyance of Land to Heirs or Devisees of Deceased Purchaser

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.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 6. Sale of Property on Execution › 34-55-6-16. Procedural Violations by Sheriff; Penalties

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) nor more than two hundred dollars ($200) in addition to other damages the party may have sustained.
(b) Damages under subsection (a) may be recovered from the sheriff or from the sheriff and the sheriff's sureties in an action on the sheriff's official bond.
[Pre-1998 Recodification Citation: 34-1-39-12.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 6. Sale of Property on Execution › 34-55-6-17. Purchase of Property by Sheriff or Deputies; Sale Void

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.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 6. Sale of Property on Execution › 34-55-6-18. Failure of Purchaser to Pay for Property; Damages

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) damages not exceeding ten percent (10%);
(3) interest; and
(4) costs.
No stay of execution shall be allowed upon the judgment.
[Pre-1998 Recodification Citation: 34-1-39-14.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 6. Sale of Property on Execution › 34-55-6-19. Failure of Purchaser to Pay for Property; Resale of Property; Damages

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 costs of the second sale, the first purchaser is liable for:
(1) the deficiency;
(2) damages not exceeding ten percent (10%);
(3) interest; and
(4) costs;
to be recovered by a like notice and motion as provided in section 18 of this chapter.
(b) If the sheriff sells on a subsequent day, the sheriff shall readvertise as in other cases.
[Pre-1998 Recodification Citation: 34-1-39-15.]
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 › 34-55-6-20. Limitation on Use of Mail

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 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 › 34-55-6-21. Surplus of Execution Sale; Disposition

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 which the overplus should be applied. In that event, the execution debtor shall return the money, which is to be disposed of as the court directs.
[Pre-1998 Recodification Citation: 34-1-39-17.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 7. Liability of Sheriff to Pay Money Collected on Execution › 34-55-7-1. Time of Paying Over Money

Sec. 1. When the sheriff has collected any money on execution, the sheriff shall pay over the money at the earliest opportunity, unless enjoined.
[Pre-1998 Recodification Citation: 34-1-40-1.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 7. Liability of Sheriff to Pay Money Collected on Execution › 34-55-7-2. Neglect or Refusal of Sheriff to Levy or Sell; Liability

Sec. 2. If a sheriff neglects or refuses to levy upon or sell any property justly liable to execution when the levy or sale might have been done, the sheriff is liable for the value of the property, not to exceed the amount necessary to satisfy the execution.
[Pre-1998 Recodification Citation: 34-1-40-2.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 7. Liability of Sheriff to Pay Money Collected on Execution › 34-55-7-3. Neglect or Refusal of Sheriff to Return Execution; Liability

Sec. 3. If a sheriff neglects or refuses to return any execution as required by law, or makes a false return on the execution, the sheriff is liable for the amount the sheriff might and should have levied by virtue of the execution.
[Pre-1998 Recodification Citation: 34-1-40-3.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 7. Liability of Sheriff to Pay Money Collected on Execution › 34-55-7-4. Neglect or Refusal of Sheriff to Pay Over Money Collected on Execution; Liability

Sec. 4. If a sheriff neglects or refuses on demand to pay over any money collected on execution to the execution creditor, the execution creditor's agent or attorney, or the execution debtor when entitled, the sheriff is liable for the amount withheld.
[Pre-1998 Recodification Citation: 34-1-40-4.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 7. Liability of Sheriff to Pay Money Collected on Execution › 34-55-7-5. Additional Damages

Sec. 5. In all cases described in sections 2, 3, and 4 of this chapter, the plaintiff shall, in addition to the amount of liability, recover from the sheriff:
(1) legal interest; and
(2) damages not exceeding ten percent (10%) on the principal sum recovered.
[Pre-1998 Recodification Citation: 34-1-40-5.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 7. Liability of Sheriff to Pay Money Collected on Execution › 34-55-7-6. Actions Against Sheriff; Procedure

Sec. 6. (a) Recovery under section 5 of this chapter may be made by:
(1) motion against the officer in the proper court upon ten (10) days notice; or
(2) action on the bond of the sheriff.
(b) The proceedings in this section may be commenced immediately upon the default of the sheriff, either before or after the return day of the execution.
[Pre-1998 Recodification Citation: 34-1-40-6.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 7. Liability of Sheriff to Pay Money Collected on Execution › 34-55-7-7. Return of Execution

Sec. 7. (a) Every execution shall be returned immediately upon being satisfied by the collection of the money or upon order of the plaintiff or the plaintiff's agent endorsed on the execution.
(b) When the return day of an execution falls on Sunday, the execution shall be returned on the following Monday.
[Pre-1998 Recodification Citation: 34-1-40-7.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 7. Liability of Sheriff to Pay Money Collected on Execution › 34-55-7-8. Failure to Give Notice of Sale to Defendant; Plaintiff Required to Submit Refunding Bond

Sec. 8. If:
(1) the sheriff sells the property of a nonresident or other person upon an execution issued on a judgment recovered against the person in a case where publication has been provided; and
(2) no personal notice of the pendency of the action was given to the defendant;
the plaintiff may not receive any of the proceeds of the sale until the plaintiff has filed in the clerk's office a written undertaking, with surety, to be approved by the clerk, to the effect that the plaintiff will refund the money about to be received by the plaintiff, or so much of the money as is necessary, if the judgment is afterwards annulled or set aside and the defendant shows that the plaintiff's claim is unfounded in whole or in part. However, surety to refund is not required in cases of attachment.
[Pre-1998 Recodification Citation: 34-1-40-8.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 7. Liability of Sheriff to Pay Money Collected on Execution › 34-55-7-9. Death of Defendant; Effect

Sec. 9. The death of a defendant, after the execution is placed in the hands of the sheriff to be executed, does not affect the sheriff's proceedings, except that the amount of property allowed absolutely to the surviving spouse of the decedent is exempt from levy and sale under the execution.
[Pre-1998 Recodification Citation: 34-1-40-9.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 8. Proceedings Supplementary to Execution › 34-55-8-1. Unsatisfied Execution; Order Requiring Judgment Debtor to Appear

Sec. 1. If an execution against the property of the judgment debtor or any of several debtors in the same judgment is returned unsatisfied, in whole or in part, the judgment creditor, after the return is made, is entitled to an order to be issued by any circuit, superior, or city court in the jurisdiction to which the execution issued that requires the judgment debtor to appear before the court to answer concerning the judgment debtor's property, income, and profits within the county to which the execution was issued.
[Pre-1998 Recodification Citation: 34-1-44-1.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 8. Proceedings Supplementary to Execution › 34-55-8-2. Refusal of Judgment Debtor to Apply Assets to Judgment; Order Requiring

Sec. 2. (a) If, after the issuing of an execution against property, the execution plaintiff or other person on the execution plaintiff's behalf makes and files with the clerk of any court of record of any city, county, or township an affidavit:
(1) stating to the effect that a judgment debtor, residing in the territorial jurisdiction of the court, has property, income, or profits that the judgment debtor unjustly refuses to apply toward the satisfaction of the judgment; and
(2) describing the property, income, or profits;
the court shall issue a subpoena requiring the judgment debtor to appear immediately before the court, at a specified time and place, to answer concerning the affidavit.
(b) Proceedings described in subsection (a) may subsequently be held for the application of the property, income, or profits of the judgment debtor toward the satisfaction of the judgment as provided upon the return of an execution.
[Pre-1998 Recodification Citation: 34-1-44-2.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 8. Proceedings Supplementary to Execution › 34-55-8-3. Arrest of Debtor Authorized

Sec. 3. When the plaintiff or the plaintiff's agent or attorney, at the time of applying for the order or at any time afterwards, makes and files an affidavit with the court, stating that:
(1) there is danger of the debtor leaving the state or concealing himself or herself; and
(2) there is reason to believe the debtor has property, rights, credits, moneys, or effects that the debtor unjustly refuses to apply to the judgment, with intent to defraud the creditor;
the court shall issue to the sheriff of the county an order of arrest and bail.
[Pre-1998 Recodification Citation: 34-1-44-3.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 8. Proceedings Supplementary to Execution › 34-55-8-4. Arrest of Debtor; Bond

Sec. 4. The sheriff, after taking the execution debtor into custody upon the order of arrest, shall require the execution debtor to enter into a written undertaking to the plaintiff, with surety, to be approved by the officer, that:
(1) the execution debtor will attend before the court and obey the order made by the court; and
(2) the execution debtor will not, in the meantime, dispose of any part of the execution debtor's property that is not exempt from execution.
If the execution debtor defaults on the written undertaking, the execution debtor shall be committed to prison. Upon breach of the written undertaking, the plaintiff is entitled to the amount of the value of the property unlawfully withheld or disposed of.
[Pre-1998 Recodification Citation: 34-1-44-4.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 8. Proceedings Supplementary to Execution › 34-55-8-5. Third Parties; When Required to Appear

Sec. 5. (a) Except as provided in subsections (b) and (c):
(1) after the issuing or return of an execution against the property of the judgment debtor or any one (1) of the several debtors in the same judgment; and
(2) upon an affidavit that any person, corporation (municipal or otherwise), the state, or any subdivision or agency of the state:
(A) has property of the judgment debtor; or
(B) is or will be periodically indebted to the judgment debtor in any amount (although the amount shall be determined periodically as it becomes due and payable, which together with other property claimed by the judgment debtor as exempt from execution, exceeds the amount of property exempt by law);
such person, corporation, any member of the corporation, the auditor of state, or auditing officer of the municipal corporations, subdivisions, or agencies of the state may be required to appear and answer concerning the affidavit, as provided by this chapter.
(b) The persons described in this section shall not be required to appear personally in court unless the judge of the court orders their personal appearance.
(c) The court may order interrogatories to be submitted and the interrogatories to be answered by the persons described in subsection (a). The interrogatories shall be submitted by the parties. The clerk of the court shall transmit by registered mail a copy of:
(1) the interrogatories, with blanks for answer; and
(2) the order of the court ordering the interrogatories answered;
to the person, corporation, member of the corporation, the auditor of state, or the auditing officer of the municipal corporations, subdivisions, or agencies of the state required to answer the interrogatories. On receipt of the interrogatories and order, the person, corporation, member of the corporation, auditor of state, or the auditing officer of the municipal corporations, subdivisions, or agencies of the state shall answer the interrogatories and return the interrogatories to the clerk by registered mail or personally. The court may compel answers to the interrogatories.
[Pre-1998 Recodification Citation: 34-1-44-5.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 8. Proceedings Supplementary to Execution › 34-55-8-6. Witnesses

Sec. 6. (a) Witnesses may be required to appear and testify in the proceeding provided for in this chapter.
(b) Either party may examine the other as a witness in the same manner as upon the trial of an issue, or the plaintiff may waive the answer of the debtor and rely upon other testimony.
(c) All examinations and answers under this section shall be made on the oath of the party. However, when a corporation answers, the answers shall be on the oath of an officer of the corporation.
[Pre-1998 Recodification Citation: 34-1-44-6.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 8. Proceedings Supplementary to Execution › 34-55-8-8. Cost of Proceedings

Sec. 8. Costs shall be awarded and taxed in a proceeding under this chapter as in other cases.
[Pre-1998 Recodification Citation: 34-1-44-8 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 8. Proceedings Supplementary to Execution › 34-55-8-9. Proceedings to Be Summary

Sec. 9. All proceedings under this chapter, after the order has been made requiring parties to appear and answer, shall be summary, without further pleadings, upon the oral examination and testimony of parties and witnesses. However, the sufficiency of the order and of the affidavit first filed by the plaintiff may be tested by:
(1) demurrer;
(2) motion to dismiss; or
(3) motion to strike.
[Pre-1998 Recodification Citation: 34-1-44-8 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 9. Real Estate Subject to Judgment and Execution › 34-55-9-1. Real Estate Liable to Judgment and Attachment Enumerated

Sec. 1. The following real estate is liable to all judgments and attachments and to be sold on execution against the debtor owing the real estate or for whose use the real estate is held:
(1) All lands of the judgment debtor, whether in possession, remainder, or reversion.
(2) All rights of redeeming mortgaged lands and all lands held by virtue of any land office certificate.
(3) Lands or any estate or interest in land held by anyone in trust for or to the use of another.
(4) All chattels real of the judgment debtor.
[Pre-1998 Recodification Citation: 34-1-45-1.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 9. Real Estate Subject to Judgment and Execution › 34-55-9-2. Liens Upon Real Estate and Chattels Real

Sec. 2. All final judgments for the recovery of money or costs in the circuit court and other courts of record of general original jurisdiction in Indiana, whether state or federal, constitute a lien upon real estate and chattels real liable to execution in the county where the judgment has been duly entered and indexed in the judgment docket as provided by law:
(1) after the time the judgment was entered and indexed; and
(2) until the expiration of ten (10) years after the rendition of the judgment;
exclusive of any time during which the party was restrained from proceeding on the lien by an appeal, an injunction, the death of the defendant, or the agreement of the parties entered of record.
[Pre-1998 Recodification Citation: 34-1-45-2.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 9. Real Estate Subject to Judgment and Execution › 34-55-9-3. Judgments on Bonds Payable to State

Sec. 3. Judgments on bonds payable to the state of Indiana bind the real estate of the debtor from the commencement of the action.
[Pre-1998 Recodification Citation: 34-1-45-3.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 9. Real Estate Subject to Judgment and Execution › 34-55-9-4. Recognizance Binding Upon Real Estate

Sec. 4. A recognizance binds the real estate of the principal from the time it is taken. A recognizance only binds the real estate of the surety, however, from the time judgment of forfeiture is rendered.
[Pre-1998 Recodification Citation: 34-1-45-4.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 9. Real Estate Subject to Judgment and Execution › 34-55-9-5. Executions Issued to Another County Binding Upon Real Estate

Sec. 5. An execution against property issued to another county binds the real estate of the defendant from the time of the levy.
[Pre-1998 Recodification Citation: 34-1-45-5.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 10. Sales and Execution of Real Estate: Exemptions › 34-55-10-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. (a) The amendments made to IC 34-2-28 (before its repeal, now codified in this chapter) by P.L.182-1986 do not apply to causes of action in tort that accrue before September 1, 1986.
(b) The amendments made to IC 34-2-28-1 (before its repeal, now codified at section 2 of this chapter) by P.L.290-1989 apply to judgments obtained after June 30, 1989.
As added by P.L.220-2011, SEC.581.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 10. Sales and Execution of Real Estate: Exemptions › 34-55-10-1. Bankruptcy Exemptions

Sec. 1. In accordance with Section 522(b) of the Bankruptcy Code of 1978 (11 U.S.C. 522(b)), in any bankruptcy proceeding, an individual debtor domiciled in Indiana is not entitled to the federal exemptions as provided by Section 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. 522(d)).
[Pre-1998 Recodification Citation: 34-2-28-0.5.]
As added by P.L.1-1998, SEC.51. Amended by P.L.179-2005, SEC.9.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 10. Sales and Execution of Real Estate: Exemptions › 34-55-10-2.5. Exemption Amounts; Adoption of Rules

Sec. 2.5. (a) The department of financial institutions shall adopt a rule under IC 4-22-2 establishing the amount for each exemption under section 2(c)(1) through 2(c)(3) of this chapter to take effect not earlier than January 1, 2010, and not later than March 1, 2010.
(b) The department of financial institutions shall adopt a rule under IC 4-22-2 establishing new amounts for each exemption under section 2(c)(1) through 2(c)(3) of this chapter every six (6) years after exemption amounts are established under subsection (a). The rule establishing new exemption amounts under this subsection must take effect not earlier than January 1 and not later than March 1 of the sixth calendar year immediately following the most recent adjustments to the exemption amounts.
(c) The department of financial institutions shall determine the amount of each exemption under subsections (a) and (b) based on changes in the Consumer Price Index for All Urban Consumers, published by the United States Department of Labor, for the most recent six (6) year period.
(d) The department of financial institutions shall round the amount of an exemption determined under subsections (a) and (b) to the nearest fifty dollars ($50).
(e) A rule establishing amounts for exemptions under this section may not reduce an exemption amount below the exemption amount on July 1, 2005.
(f) The department of financial institutions may adopt a rule under subsection (a) or subsection (b) as an emergency rule under IC 4-22-2-37.1.
(g) An emergency rule adopted by the department of financial institutions under this section expires on the earlier of the following dates:
(1) The expiration date stated in the emergency rule.
(2) The date the emergency rule is amended or repealed by a later rule adopted under IC 4-22-2-24 through IC 4-22-2-36 or under IC 4-22-2-37.1.
As added by P.L.179-2005, SEC.11. Amended by P.L.140-2013, SEC.21.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 10. Sales and Execution of Real Estate: Exemptions › 34-55-10-3. Designation of Exempt Property by Debtor

Sec. 3. The debtor may designate real property, personal property, or both, as the exempted property.
[Pre-1998 Recodification Citation: 34-2-28-2.]
As added by P.L.1-1998, SEC.51. Amended by P.L.179-2005, SEC.12.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 10. Sales and Execution of Real Estate: Exemptions › 34-55-10-4. Appraisal of Exempt Property; Selection of Appraisers

Sec. 4. For the appraisal of any property to be exempted under this chapter, two (2) appraisers shall be chosen, one (1) by the plaintiff or the plaintiff's agent or attorney, and one (1) by the debtor. These two (2), in case of disagreement, shall select a third. If either party fails to select an appraiser, one (1) shall be selected by the officer holding the execution.
[Pre-1998 Recodification Citation: 34-2-28-3.]
As added by P.L.1-1998, SEC.51. Amended by P.L.179-2005, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 10. Sales and Execution of Real Estate: Exemptions › 34-55-10-5. Schedule of Exempt Property; Affidavit of Appraisers

Sec. 5. The appraisers shall make a schedule of the real and personal property selected by the debtor, describing the real estate by metes and bounds, and the personal property by separate items, affixing to each the value they agree upon. The appraisers, or a majority, shall affix to the schedule an affidavit in substance as follows: "We, the undersigned, swear that, in our opinion, the property described in the schedule above is valued justly.".
[Pre-1998 Recodification Citation: 34-2-28-4.]
As added by P.L.1-1998, SEC.51. Amended by P.L.179-2005, SEC.14.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 10. Sales and Execution of Real Estate: Exemptions › 34-55-10-6. Delivery of Schedule of Exempt Property; Second or Subsequent Appraisals

Sec. 6. The schedule of real and personal property shall be delivered to the officer holding the execution or other process. The officer shall return the schedule with the execution or other process and make the schedule a part of the return. However, all second or subsequent appraisals under this chapter are at the cost of the party or parties asking for the reappraisal, unless the property of the debtor at the time of the reappraisal is appraised at enough over and above the legal exemption to meet the costs.
[Pre-1998 Recodification Citation: 34-2-28-5.]
As added by P.L.1-1998, SEC.51. Amended by P.L.179-2005, SEC.15.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 10. Sales and Execution of Real Estate: Exemptions › 34-55-10-7. Repealed

[Pre-1998 Recodification Citation: 34-2-28-6.]
As added by P.L.1-1998, SEC.51. Repealed by P.L.179-2005, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 10. Sales and Execution of Real Estate: Exemptions › 34-55-10-8. Personal Property Only Claimed as Exemption; Procedure

Sec. 8. If the debtor claims as exempt from execution personal property only, the officer holding the execution shall cause the property to be appraised and set apart to the debtor, and shall proceed to sell such other property, if any, that is subject to execution according to law.
[Pre-1998 Recodification Citation: 34-2-28-7.]
As added by P.L.1-1998, SEC.51. Amended by P.L.179-2005, SEC.16.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 10. Sales and Execution of Real Estate: Exemptions › 34-55-10-9. Personal and Real Property Claimed as Exemption; Procedure

Sec. 9. (a) If the value of a debtor's interest in property for which an exemption is claimed exceeds the amount of the exemption, the property may be sold. However, the debtor must be paid an amount equal to the debtor's exemption in the property from the proceeds of the sale.
(b) In making the sale under subsection (a), the officer may not accept a bid unless the bid exceeds the exempt value of the property. If indebtedness secured by a valid lien is chargeable against the proceeds of the sale, a bid may not be accepted if the bid is less than the sum of the amount of the indebtedness secured by the lien and the exempt value of the property.
[Pre-1998 Recodification Citation: 34-2-28-8.]
As added by P.L.1-1998, SEC.51. Amended by P.L.179-2005, SEC.17.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 10. Sales and Execution of Real Estate: Exemptions › 34-55-10-10. Repealed

[Pre-1998 Recodification Citation: 34-2-28-9.]
As added by P.L.1-1998, SEC.51. Repealed by P.L.179-2005, SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 10. Sales and Execution of Real Estate: Exemptions › 34-55-10-11. Division of Real Property Claimed as Exemption; Exemption of Homestead

Sec. 11. In all cases in which real property is claimed as exempt from sale on execution, if the real property is susceptible of division by metes and bounds without material injury, the real property shall be divided to exempt the principal dwelling house or homestead of the debtor.
[Pre-1998 Recodification Citation: 34-2-28-10.]
As added by P.L.1-1998, SEC.51. Amended by P.L.179-2005, SEC.18.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 10. Sales and Execution of Real Estate: Exemptions › 34-55-10-12. Debtor's Schedule Required

Sec. 12. Before a debtor receives the benefit of the exemption provided by this chapter, the debtor shall deliver to the officer holding the execution a schedule of all the debtor's property, as required by law, if an exemption from sale on execution is claimed.
[Pre-1998 Recodification Citation: 34-2-28-11.]
As added by P.L.1-1998, SEC.51. Amended by P.L.179-2005, SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 10. Sales and Execution of Real Estate: Exemptions › 34-55-10-13. Absence of Execution Defendant; Rights of Spouse

Sec. 13. In any case when the execution defendant is absent from Indiana, or is absent himself or herself from home, and an attachment or execution is directed against the execution defendant's property, the spouse may:
(1) make out and verify the schedule of the absent spouse's property, and claim and receive for the absent spouse the exemption provided in this chapter; and
(2) claim and exercise all the rights that would belong to the absent spouse if the absent spouse were present.
[Pre-1998 Recodification Citation: 34-2-28-12.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 10. Sales and Execution of Real Estate: Exemptions › 34-55-10-14. Certain Lands and Taxes Unaffected

Sec. 14. The exemption under this chapter does not:
(1) affect any laborer's or mechanic's lien or lien for the purchase money of the real property exempted; or
(2) exempt any property from taxation or from sale for taxes.
[Pre-1998 Recodification Citation: 34-2-28-14.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 11. Sale and Execution of Real Estate: Payment of Taxes and Assessments › 34-55-11-1. Liability of Purchaser and Redemptioner

Sec. 1. (a) Whenever real estate is sold on execution or by virtue of a decretal order at judicial sale, the owner of the certificate of purchase may, during the year of redemption, pay to the clerk of the court in whose office the certificate of purchase is required to be recorded the amount of taxes and assessments becoming due and payable against the real estate during the year of redemption.
(b) The clerk shall pay and discharge the taxes and assessments, and, upon the redemption of the real estate, the amount so paid shall be paid by the redemptioner and collected by the clerk as a part of the amount necessary to redeem the real estate from sale.
[Pre-1998 Recodification Citation: 34-2-30-1.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 12. Collection of Judgments Against City or County › 34-55-12-1. Judgments Against County or City; Appropriations; Appeal

Sec. 1. (a) A judgment against a county or city may be enforced only from appropriations made for that purpose.
(b) The proper officers of the county or city may be compelled by mandamus proceedings to make the necessary provisions for appropriating, levying, and collecting by taxation the sum necessary for the payment of a judgment. In the mandamus proceedings:
(1) the respective bodies and officers may be sued collectively by their legal names;
(2) service of process may be made on any member of the respective bodies; and
(3) all members of the respective bodies are bound by the judgment.
(c) If a city is entitled to an appeal, the appeal shall be granted without bond. A judgment against a city may not be enforced pending an appeal.
[Pre-1998 Recodification Citation: 34-4-16.4-1.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 12. Collection of Judgments Against City or County › 34-55-12-2. Restrictions on Remedies; Inapplicability to Certain Actions

Sec. 2. (a) This section does not apply to judgments and awards arising out of actions between municipalities or in which the state may have an interest.
(b) Execution may not be made upon a judgment or award of a court or board against real or personal property owned by a city or town, or on the interest of a city or town in such property.
(c) A mandate or injunction may not be issued by a court against a city or town or the officers of a city or town concerning a judgment or award unless the judgment or award arises from or out of an action in tort or on an express contract.
[Pre-1998 Recodification Citation: 34-4-16.4-2.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 13. Collection of Judgments Against Railroad Companies › 34-55-13-1. Unpaid Judgment; Writs Directed to Agent or Employee

Sec. 1. (a) Whenever any judgment rendered in any court against any railroad company owning or operating a line of railroad in or running into or through Indiana remains unpaid for one (1) year after the rendition of the judgment, exclusive of the time execution of the judgment is stayed by appeal or supersedeas, the owner of the judgment may file a complaint against the railroad company alleging such facts and cause summons to be issued on the complaint as in other civil cases.
(b) When summons has been served on the railroad company defendant at least ten (10) days before the first day of the term of court at which the complaint is to be heard, the court shall order a writ to issue, directed to the sheriff of the proper county, for any agent, conductor, or employee of the railroad company, or of the lessee, receiver, or assignee of the company, named in the motion, to:
(1) appear immediately or at such time as the court may direct; and
(2) answer upon oath as to the:
(A) amount of money in the person's hands, if any, belonging to the company or to the assignee, lessee, or receiver; and
(B) probable amount of money receivable by the agent, conductor, or employee belonging to the railroad company, lessee, assignee, or receiver.
(c) If the agent, conductor, or employee answers that one (1) or more of them have any money belonging to the company or to the assignee, lessee, or receiver or that they are in the constant receipt of money as agent, conductor, or employee, the court shall order the agent, conductor, or employee to pay into the clerk's office of the court, at such times as named by the court, the portions of the money so held or receivable, not exceeding fifty percent (50%) of the amount, as may be determined just by the court until the judgment and costs are fully paid and satisfied.
(d) This section does not affect the liens of laborers or the priority of claims and judgments of laborers, employees, and materialmen.
[Pre-1998 Recodification Citation: 34-2-23-1.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 55. Execution of Judgments › Chapter 13. Collection of Judgments Against Railroad Companies › 34-55-13-2. Certain Laws Unaffected

Sec. 2. This chapter (and IC 34-2-23 before its repeal) are not intended to repeal any law or part of law in effect on April 27, 1899, in relation to the collection of judgments against railroad companies.
[Pre-1998 Recodification Citation: 34-2-23-2.]
As added by P.L.1-1998, SEC.51.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 56. Appeals › Chapter 1. Judgments From Which Appeals May Be Taken › 34-56-1-1. Appeals for Circuit and Superior Courts

Sec. 1. Appeals may be taken by either party from all final judgments in circuit courts and superior courts.
[Pre-1998 Recodification Citation: 34-1-47-1(a) part.]
As added by P.L.1-1998, SEC.52.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 56. Appeals › Chapter 1. Judgments From Which Appeals May Be Taken › 34-56-1-2. Appeals Prohibited After Receiving Money Paid or Collecting on Judgment

Sec. 2. The party obtaining a judgment shall not take an appeal after receiving any money paid or collected on a judgment.
[Pre-1998 Recodification Citation: 34-1-47-1(a) part.]
As added by P.L.1-1998, SEC.52.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 56. Appeals › Chapter 1. Judgments From Which Appeals May Be Taken › 34-56-1-3. New Trial Motions

Sec. 3. A ruling or order of the court granting a motion for a new trial shall be treated as a final judgment. An appeal may be taken on the ruling or order.
[Pre-1998 Recodification Citation: 34-1-47-1(b).]
As added by P.L.1-1998, SEC.52.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 56. Appeals › Chapter 2. Appeal Bonds in Circuit, Superior, and Probate Courts › 34-56-2-1. Defective Appeal Bond

Sec. 1. This chapter applies to all cases in which:
(1) an appeal is taken from:
(A) a board of county commissioners, viewers, or commissioners to assess damages; or
(B) any other person or tribunal;
to the circuit court, superior court, or probate court; and
(2) the appeal bond filed in the case is defective:
(A) in substance or form; or
(B) for want of proper approval.
[Pre-1998 Recodification Citation: 34-2-31-1 part.]
As added by P.L.1-1998, SEC.52. Amended by P.L.84-2016, SEC.163.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 56. Appeals › Chapter 2. Appeal Bonds in Circuit, Superior, and Probate Courts › 34-56-2-2. Effect of Defective Appeal Bond

Sec. 2. The circuit court, superior court, or probate court shall not dismiss a case on account of the defect or informality of the appeal bond if the appellant, when required by the court to which the appeal is taken, files in the court a sufficient bond, with surety to the acceptance of the court, in the sum required by the court.
[Pre-1998 Recodification Citation: 34-2-31-1 part.]
As added by P.L.1-1998, SEC.52. Amended by P.L.84-2016, SEC.164.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 56. Appeals › Chapter 2. Appeal Bonds in Circuit, Superior, and Probate Courts › 34-56-2-3. Additional Bond Requirement

Sec. 3. In all appealed cases described in section 1 of this chapter, when costs have accrued so as to render the sum named in the appeal bond insufficient to secure the costs, the court in which the appeal is pending shall require the appellant to give an additional bond in such sum as the court considers sufficient, with surety to the acceptance of the court. If the appellant fails or refuses to comply with this section, the court shall dismiss the appeal.
[Pre-1998 Recodification Citation: 34-2-31-2.]
As added by P.L.1-1998, SEC.52.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 56. Appeals › Chapter 3. Federal Agencies Exempt From Appeal Bond Requirements › 34-56-3-1. Applicability of Chapter

Sec. 1.This chapter does not apply to and does not affect in any way the status of any:
(1) national bank or banking institution;
(2) federal building and savings association; or
(3) savings association;
whether organized under federal or state laws.
[Pre-1998 Recodification Citation: 34-2-34-2.]
As added by P.L.1-1998, SEC.52. Amended by P.L.79-1998, SEC.103.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 56. Appeals › Chapter 3. Federal Agencies Exempt From Appeal Bond Requirements › 34-56-3-2. Exemptions

Sec. 2. (a) This section applies to all actions in which:
(1) an agency or instrumentality of the United States of America; or
(2) persons representing an agency or instrumentality described in subdivision (1) in any official capacity;
are entitled to take an appeal of any kind.
(b) An appeal described in subsection (a) shall be granted or taken as to the agency or instrumentality of the United States of America, or persons representing the agency or instrumentality, without bond.
(c) A proceeding may not be brought to enforce any judgment against the agency or instrumentality of the United States of America, or persons representing the agency or instrumentality, and execution of the judgment shall be stayed pending the appeal.
(d) A bond or undertaking may not be required of any agency or instrumentality of the United States of America, or persons representing the agency or instrumentality in any official capacity, in any proceeding or action by or against the agency or instrumentality or persons representing the agency or instrumentality in which any bonds or undertakings are required generally of any parties.
[Pre-1998 Recodification Citation: 34-2-34-1.]
As added by P.L.1-1998, SEC.52.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 56. Appeals › Chapter 4. Bill of Exceptions › 34-56-4-1. Applicability of Chapter

Sec. 1. This chapter applies when the record does not show the decision or grounds of an objection to the decision.
[Pre-1998 Recodification Citation: 34-1-24-1 part.]
As added by P.L.1-1998, SEC.52.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 56. Appeals › Chapter 4. Bill of Exceptions › 34-56-4-2. Bill of Exceptions

Sec. 2. The party objecting must, within the time allowed, present to the judge a proper bill of exceptions.
[Pre-1998 Recodification Citation: 34-1-24-1 part.]
As added by P.L.1-1998, SEC.52.