reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 8. Finding Strays or Property Adrift › 32-34-8-10. Sale of Horse, Mule, or Ass if Value Exceeds $20; Proceeds Distribution; Receipts

Sec. 10. (a) If a horse, a mule, or an ass that has an appraised value greater than twenty dollars ($20) remains unclaimed or unproven twelve (12) months after the date the horse, mule, or ass was found, the finder shall deliver the horse, mule, or ass to the sheriff of the proper county on the first day of the term of the circuit court after the expiration of the twelve (12) month period.
(b) The sheriff shall sell the horse, mule, or ass delivered under subsection (a) at a public sale.
(c) After retaining one dollar ($1) for the sheriff's services and paying to the finder the charges as provided by this chapter, the sheriff shall pay the proceeds of the sale to the treasurer of the county within five (5) days after the sale.
(d) The sheriff shall receive from the treasurer duplicate receipts and file one (1) receipt in the clerk's office and the other receipt with the county auditor.
[Pre-2002 Recodification Citation: 32-9-3-10.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 8. Finding Strays or Property Adrift › 32-34-8-11. County Stray Fund

Sec. 11. The county treasurer shall enter all sums paid under this chapter to the credit of the county stray fund.
[Pre-2002 Recodification Citation: 32-9-3-11.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 8. Finding Strays or Property Adrift › 32-34-8-12. Finder's Fee

Sec. 12. (a) The finder's fee is as follows:
(1) For each horse, mule or ass, one dollar ($1).
(2) For each head of neat cattle, fifty cents ($0.50).
(3) For each sheep, goat, or hog more than six (6) months old, ten cents ($0.10).
(b) If the owner reclaims and proves the property before the property is posted, the finder is allowed half of the appropriate amount listed in subsection (a).
[Pre-2002 Recodification Citation: 32-9-3-12.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 8. Finding Strays or Property Adrift › 32-34-8-13. Reward of Finder; Right to Jury Determination

Sec. 13. (a) The finder of an article described in section 1 of this chapter is allowed a reasonable sum, as determined by a court with jurisdiction where the property was initially found.
(b) Either the claimant or the finder may have a jury determine what amount is just and reasonable for finding and taking care of the property.
[Pre-2002 Recodification Citation: 32-9-3-13.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 8. Finding Strays or Property Adrift › 32-34-8-14. Court Fees

Sec. 14. (a) If the property described in section 13 of this chapter is greater than three dollars ($3) in value, the finder of the property shall pay to the court, at the time of reporting, fifty cents ($0.50) for the judge of the court, fifty cents ($0.50) for the clerk, and one dollar ($1) for the printer where printing is required.
(b) If the value of the property described in section 13 of this chapter is less than three dollars ($3), the court may not make a return to the clerk and the fee is twenty-five cents ($0.25).
[Pre-2002 Recodification Citation: 32-9-3-14.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 8. Finding Strays or Property Adrift › 32-34-8-15. Register of Stray Animals and Found Articles

Sec. 15. (a) The clerk shall keep a register of stray animals and found articles.
(b) If several strays or articles are found by one (1) person, there may be only one (1) entry, one (1) advertisement, one (1) fee of the clerk, and one (1) fee of the judge.
[Pre-2002 Recodification Citation: 32-9-3-15.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 8. Finding Strays or Property Adrift › 32-34-8-16. Compensation for Finder

Sec. 16. If found property is sold or reclaimed, the finder is allowed just and reasonable compensation for keeping the property as determined by the court with jurisdiction where the property was initially found. The finder shall:
(1) keep account of the time a stray animal is kept by the finder; and
(2) state the time to the court under oath.
[Pre-2002 Recodification Citation: 32-9-3-16.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 8. Finding Strays or Property Adrift › 32-34-8-17. Compensation for Services of Animal

Sec. 17. (a) If an animal is found under the provisions of this chapter and worked by the finder, a reasonable compensation shall be allowed for the services of the animal. The compensation shall be deducted from the cost of keeping the animal.
(b) The finder, if required, shall verify, under oath, the time the animal worked.
[Pre-2002 Recodification Citation: 32-9-3-17.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 8. Finding Strays or Property Adrift › 32-34-8-18. Reclaiming Property; Proof

Sec. 18. (a) At any time before sale, the owner may have the property by proving ownership in the court where the finding was reported under this chapter and paying the charges required by this chapter.
(b) At any time up to two (2) years after the date of sale, the owner may reclaim the money paid into the treasury by proper proof before the county auditor.
[Pre-2002 Recodification Citation: 32-9-3-18.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 8. Finding Strays or Property Adrift › 32-34-8-19. Limitations; Time and Place of Taking Up Animals

Sec. 19. (a) Except as provided in subsection (c), a person may not:
(1) take up any horse or stock under this chapter except at the person's place of residence; or
(2) drive any horse or stock out of the woods and take them up under this chapter.
(b) Except as provided in subsection (c), an animal may not be taken up under this chapter between the first day of April and the first day of November unless the animal is found in the enclosure of the person who takes up the animal.
(c) When any animal may be in the act of escaping from the owner, it may be taken up at any time, wherever found.
[Pre-2002 Recodification Citation: 32-9-3-19.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 8. Finding Strays or Property Adrift › 32-34-8-20. Limitation on Removal of Property From County

Sec. 20. The finder, until the finder becomes the property's owner, may not take the found property or allow the property to be taken out of the county where the property was found for longer than three (3) days at any time.
[Pre-2002 Recodification Citation: 32-9-3-20.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 8. Finding Strays or Property Adrift › 32-34-8-21. Fatted Hogs

Sec. 21. (a) Fatted hogs that are found may, at the option of the finder, be killed one (1) month after posting.
(b) If fatted hogs are killed under subsection (a), the finder shall, immediately after killing the hogs, pay the hogs' appraised values, deducting costs and charges (to be liquidated as in other cases) to the county treasurer for the use of the owner.
[Pre-2002 Recodification Citation: 32-9-3-21.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 8. Finding Strays or Property Adrift › 32-34-8-22. Stock Hogs

Sec. 22. Stock hogs that are found may, at the option of the finder, be purchased by the finder, six (6) months after posting, at the hogs' appraised value, deducting the costs allowed by this chapter for finding the hogs but without an allowance for keeping the hogs.
[Pre-2002 Recodification Citation: 32-9-3-22.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 8. Finding Strays or Property Adrift › 32-34-8-23. Shipwrecked Property; Inapplicability

Sec. 23. (a) Sections 1 through 22 of this chapter do not apply to property described in this section.
(b) If, upon any navigable waters within or bordering Indiana, cargo that is shipped as freight, the baggage of passengers, or a part of either of a vessel is cast adrift, afloat, or ashore by a wreck, accident, or mischance of the vessel, the cargo or part of the cargo found and secured by a person may be reclaimed by the captain, clerk, or officer navigating the vessel, the super cargo, or the owner or agent of the owner of the cargo or baggage.
(c) If the property described in this section is not claimed within seven (7) days after the property is found, the finder of the property shall advertise the property as required for articles described in section 1 of this chapter.
[Pre-2002 Recodification Citations: 32-9-3-23; 32-9-3-29.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 8. Finding Strays or Property Adrift › 32-34-8-24. Shipwrecked Property; Surrender Upon Proof; Finder's Compensation

Sec. 24. A person who finds property described in section 23 of this chapter shall surrender the property to a claimant upon proof, or circumstances satisfactory to the finder, of the right of the claimant to the property, and after the payment by the claimant of reasonable compensation for services or expenses in connection with the finding and preserving of the property.
[Pre-2002 Recodification Citation: 32-9-3-24.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 8. Finding Strays or Property Adrift › 32-34-8-25. Refusal to Return Property; Summary Proceedings

Sec. 25. If a person with possession of the property refuses to return the property to the claimant or claims unreasonable compensation for the services and expenses in the finding and preservation of the property, the claimant may have a summary proceeding before:
(1) the court where the property was reported under this chapter if the property was reported; and
(2) any court with jurisdiction where the property is located if the property was not reported to a court under this chapter;
for the recovery of the property.
[Pre-2002 Recodification Citation: 32-9-3-25.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 8. Finding Strays or Property Adrift › 32-34-8-26. Affidavit of Claimant; Summons of Finder or Person in Possession of Property

Sec. 26. (a) The claimant must file before the court specified under section 25 of this chapter an affidavit of the facts attending the wreck or accident, enumerating as nearly as possible the articles or packages in the possession of the finder and the claimant's right to recover the property.
(b) The court shall summon the person who found or is in possession of the property to appear before the court at a place and at the earliest practicable time, as designated in the writ, but not more than three (3) days after the date of the writ.
[Pre-2002 Recodification Citation: 32-9-3-26.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 8. Finding Strays or Property Adrift › 32-34-8-27. Hearing

Sec. 27. (a) The court shall hear and determine the matters in controversy in the most speedy manner practicable, as other proceedings are determined before the court.
(b) The court may fix the amount of compensation the claimant must pay and award a writ, or writs, for the delivery of the property to the claimant upon payment of the compensation.
[Pre-2002 Recodification Citation: 32-9-3-27.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 8. Finding Strays or Property Adrift › 32-34-8-28. Rules of Trial Procedure Govern

Sec. 28. (a) The trial described in section 27 of this chapter is governed by the Indiana rules of trial procedure, except as to continuances.
(b) Appeals may be taken by either party upon the same terms and under the same rules as appeals in other civil cases are taken.
[Pre-2002 Recodification Citation: 32-9-3-28.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 8. Finding Strays or Property Adrift › 32-34-8-29. Appraiser Compensation

Sec. 29. An appraiser appraising property in accordance with section 2 of this chapter shall receive compensation for the appraisal services in the sum of fifty cents ($0.50) to be paid the same manner as other expenses involved in the finding of strays.
[Pre-2002 Recodification Citation: 32-9-4-1.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 9. Drifting Boats and Timber › 32-34-9-1. "Timber" Defined

Sec. 1. As used in this chapter, "timber" means trees, whether standing, down, or prepared for sale, sawlogs and all other logs, cross and railroad ties, boards, planks, staves and heading, and other trees cut or prepared for market.
[Pre-2002 Recodification Citation: 32-9-5-6.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 9. Drifting Boats and Timber › 32-34-9-3. Finder Compensation

Sec. 3. A person who finds a fleet, raft or platform, as described in this chapter, is entitled to reasonable compensation for keeping and caring for the property in addition to the fees set forth in section 1 of this chapter. The compensation may not exceed the following rates:
(1) For each fleet, four dollars ($4) per day.
(2) For each raft, one dollar ($1) per day.
(3) For each platform, fifty cents ($0.50) per day.
[Pre-2002 Recodification Citation: 32-9-5-2.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 9. Drifting Boats and Timber › 32-34-9-4. Additional Compensation; Sawlogs or Other Logs or Trees

Sec. 4. If a person finds any sawlog or other log or trees prepared for sale as described in this chapter and the property remains in the person's possession more than thirty (30) days after the time the person found the property to the time the owner offers to pay the charges described in section 1 of this chapter, the finder is entitled to charge, in addition to the fee set forth in section 1 of this chapter, twenty-five cents ($0.25) for every sawlog or other log or tree prepared for sale that remains in the person's possession as described in this section.
[Pre-2002 Recodification Citation: 32-9-5-3.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 9. Drifting Boats and Timber › 32-34-9-5. Hiding Property or Failure to Float Property Upon Demand

Sec. 5. If the finder of any property described in this chapter:
(1) hides the property;
(2) allows the property to get aground so that the finder cannot immediately, upon the demand of the property's owner or the owner's agents, put the property afloat; or
(3) fails to put the property afloat upon demand;
the finder may not collect or receive any compensation for finding or caring for the property and, in addition to any other duties imposed by this chapter, is responsible to the owner for the value of the property as if the property were afloat.
[Pre-2002 Recodification Citation: 32-9-5-4.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 9. Drifting Boats and Timber › 32-34-9-6. Brand Adopted by Timber Dealer

Sec. 6. A person, firm, or corporation that deals in timber in any form is considered a timber dealer and may adopt a brand in the manner and with the effect described in this chapter.
[Pre-2002 Recodification Citation: 32-9-5-5.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 9. Drifting Boats and Timber › 32-34-9-7. Brand Adopted by Dealer; Form; Acknowledgment; Posting

Sec. 7. (a) A timber dealer desiring to adopt a brand may do so by the execution of a writing in the following form:
Brand - Notice is hereby given that I (or we, as the case may be) have adopted the following brand in my (or our) business as a timber dealer: (Here insert the words, letters, figures, etc., constituting the brand, or if the brand is any device other than words, letters, or figures, insert a facsimile of the brand.) Dated this ____ day of _________ A.D. ______.
(b) The writing must be acknowledged or proved for the record in the same manner as deeds are acknowledged or proven and must be recorded in the office of the clerk of the county in which the timber dealer maintains a principal office or place of business.
(c) A copy of the writing must be posted at the timber dealer's principal place of business, at the courthouse door in the county where the timber dealer carries on business, and at the public places in the county.
[Pre-2002 Recodification Citation: 32-9-5-7.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 9. Drifting Boats and Timber › 32-34-9-8. Brand as Exclusive Trademark

Sec. 8. A brand adopted in accordance with this chapter is the exclusive trademark of the person adopting the brand, and the brand constitutes property under IC 35-31.5-2-253.
[Pre-2002 Recodification Citation: 32-9-5-8.]
As added by P.L.2-2002, SEC.19. Amended by P.L.114-2012, SEC.57.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 9. Drifting Boats and Timber › 32-34-9-9. Impressing Brand on Timber

Sec. 9. A person who owns a brand shall cause the brand to be plainly stamped, branded, or otherwise impressed upon each piece of timber upon which the brand is placed.
[Pre-2002 Recodification Citation: 32-9-5-9.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 9. Drifting Boats and Timber › 32-34-9-10. Contract for Sale of Standing Trees or Standing Timber

Sec. 10. A contract for the sale of standing trees or standing timber may not be enforced by a legal action unless the contract or some memorandum of the contract is in writing and signed by the person to be charged or the person's duly authorized agent.
[Pre-2002 Recodification Citation: 32-9-5-13.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 9. Drifting Boats and Timber › 32-34-9-11. Branded Timber; Title

Sec. 11. (a) If timber is branded by the seller or by another person with the seller's consent with the brand of the purchaser or another person or corporation, the title to the timber passes at once to the person or corporation whose brand is placed on the timber.
(b) Placement of a brand on timber as described in subsection (a) does not affect the rights of the contracting parties regarding the payment of the purchase money for the timber.
[Pre-2002 Recodification Citation: 32-9-5-14.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 9. Drifting Boats and Timber › 32-34-9-12. Prior Brands and Trademarks; Validity

Sec. 12. (a) This chapter does not affect the validity and effect of a brand or trademark adopted and recorded under the law in effect before March 11, 1901.
(b) A brand or trademark described in subsection (a) is valid for all purposes, civil and criminal, as if the brand or trademark had been adopted and recorded under this chapter.
[Pre-2002 Recodification Citation: 32-9-5-15.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 9. Drifting Boats and Timber › 32-34-9-13. Finding Timber; Compensation; Violation

Sec. 13. (a) If timber prepared for market is found on any of the streams of Indiana, the timber shall be held and disposed of as provided in this chapter. The finder of the timber shall receive as compensation for the finder's services only the fees provided for in section 2 of this chapter.
(b) A person who knowingly violates this section commits a Level 6 felony.
[Pre-2002 Recodification Citation: 32-9-5-16.]
As added by P.L.2-2002, SEC.19. Amended by P.L.158-2013, SEC.335.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 10. Sale of Abandoned Watercraft › 32-34-10-0.2. Application of Prior Law

Sec. 0.2. The addition of IC 32-8-40 (before its repeal, now codified in this chapter) by P.L.110-2001 applies to all watercraft located on the property of a marina after January 1, 2001.
As added by P.L.220-2011, SEC.529.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 10. Sale of Abandoned Watercraft › 32-34-10-1. "Marina Operator" Defined

Sec. 1. As used in this chapter, "marina operator" means a person, a firm, a corporation, a limited liability company, a municipality, or another unit of government that is engaged in the business of operating a marina.
[Pre-2002 Recodification Citation: 32-8-40-1.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 10. Sale of Abandoned Watercraft › 32-34-10-2. Sale of Watercraft by Marina Operator; Recovery of Maintenance Costs

Sec. 2. A marina operator may:
(1) sell a watercraft that has been left without permission at the marina for more than six (6) months; and
(2) recover the operator's reasonable maintenance, repair, dockage, storage, and other charges if the conditions set forth in section 3 of this chapter are met.
[Pre-2002 Recodification Citation: 32-8-40-2.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 10. Sale of Abandoned Watercraft › 32-34-10-3. Six Month Period Before Sale

Sec. 3. The minimum six (6) month period specified in section 2 of this chapter begins the day written notice is sent by the marina operator to the last known address of the owner of the watercraft or personally delivered to the owner of the watercraft. If the notice is mailed, the marina operator must send notice by certified mail, return receipt requested. Notice, by mail or personally delivered, must include a description of the watercraft and a conspicuous statement that the watercraft is at the marina without permission of the marina.
[Pre-2002 Recodification Citation: 32-8-40-3.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 10. Sale of Abandoned Watercraft › 32-34-10-5. Affidavit of Sale

Sec. 5. Upon payment of the bid price by the purchaser, the marina operator shall provide the purchaser with the affidavit of sale described in this chapter.
[Pre-2002 Recodification Citation: 32-8-40-5.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 10. Sale of Abandoned Watercraft › 32-34-10-6. Affidavit of Sale as Proof of Ownership

Sec. 6. The affidavit of sale under this chapter constitutes proof of ownership and right to possession under IC 9-17.
[Pre-2002 Recodification Citation: 32-8-40-6.]
As added by P.L.2-2002, SEC.19. Amended by P.L.198-2016, SEC.663.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 10. Sale of Abandoned Watercraft › 32-34-10-7. Certificate of Title

Sec. 7. After the purchaser:
(1) presents the bureau of motor vehicles with the affidavit of sale;
(2) completes an application for title; and
(3) pays any applicable fee;
the bureau shall issue to the purchaser a certificate of title to the watercraft.
[Pre-2002 Recodification Citation: 32-8-40-7.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 34. Lost or Unclaimed Personal Property › Chapter 10. Sale of Abandoned Watercraft › 32-34-10-8. Excess Funds After Sale of Watercraft

Sec. 8. If a boat is sold under this chapter for an amount of money that is greater than the charges owed to the marina operator plus all reasonable expenses of sale, the marina operator shall pay the excess in the following order:
(1) For the satisfaction of obligations held by secured parties with respect to the watercraft, in the order in which security interests in the watercraft were perfected.
(2) To the owner of the watercraft.
[Pre-2002 Recodification Citation: 32-8-40-8.]
As added by P.L.2-2002, SEC.19.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 1. Statute of Limitations › 32-35-1-1. Cause of Action; Limitations

Sec. 1. Unless otherwise provided in this title or another law, a cause of action concerning personal property must be brought within the time periods specified in IC 34-11.
[2002 Recodification Citation: New.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-1. Grounds for Action

Sec. 1. If any personal goods, including tangible personal property constituting or representing choses in action, are:
(1) wrongfully taken or unlawfully detained from the owner or person claiming possession of the property; or
(2) taken on execution or attachment and claimed by any person other than the defendant;
the owner or claimant may bring an action for the possession of the property.
[Pre-2002 Recodification Citation: 34-21-1-1.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-2. Claim for Immediate Delivery

Sec. 2. A plaintiff may, at the time of issuing the summons, or at any time before final judgment, claim the immediate delivery of property described in section 1 of this chapter.
[Pre-2002 Recodification Citation: 34-21-2-1.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-3. Filing Affidavit

Sec. 3. If a plaintiff claims delivery under section 2 of this chapter, the plaintiff or someone representing the plaintiff shall file an affidavit.
[Pre-2002 Recodification Citation: 34-21-2-2.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-4. Contents of Affidavit

Sec. 4. An affidavit filed under section 3 of this chapter must:
(1) show that the plaintiff is:
(A) the owner of the property; or
(B) lawfully entitled to the possession of the property;
(2) show that:
(A) the property was not:
(i) taken for a tax, assessment, or fine under a statute; or
(ii) seized under an execution or attachment against the property of the plaintiff; or
(B) if the property was seized under an execution or attachment, the property was exempt by statute from seizure;
(3) show that the property:
(A) has been wrongfully taken and is unlawfully detained by the defendant; or
(B) is unlawfully detained;
(4) include a particular description of the property;
(5) state the estimated value of the property; and
(6) identify the county in which the property is believed to be detained.
[Pre-2002 Recodification Citation: 34-21-2-3.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-5. Issuance of Show Cause Order

Sec. 5. If a plaintiff files an affidavit under section 3 of this chapter, the clerk shall issue an order for a time fixed by the judge directing the defendant to appear for the purpose of controverting plaintiff's affidavit or to otherwise show cause why:
(1) a prejudgment order for possession should not issue; and
(2) the property should not be delivered to plaintiff.
[Pre-2002 Recodification Citation: 34-21-3-1.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-6. Date, Time, and Place for Hearing

Sec. 6. (a) An order issued under section 5 of this chapter must set forth the date, time, and place for the hearing and direct the time within which service shall be made upon the defendant.
(b) The hearing shall be scheduled not sooner than five (5) days, Sundays and holidays excluded, after the date of service.
[Pre-2002 Recodification Citation: 34-21-3-2.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-7. Notice to Defendant

Sec. 7. An order to show cause issued under section 5 of this chapter must inform the defendant that:
(1) the defendant may:
(A) file affidavits on the defendant’s behalf with the court;
(B) appear and present testimony on the defendant’s behalf at the time of the hearing; and
(C) file with the court a written undertaking to stay the delivery of the property in accordance with this article; and
(2) if the defendant fails to appear, plaintiff may be granted a judgment of possession.
[Pre-2002 Recodification Citation: 34-21-3-3.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-8. Order for Possession After Examining Pleadings and Evidence

Sec. 8. The court may issue an order for possession under this chapter after examining the complaint, affidavits, and other evidence or testimony that the court may require.
[Pre-2002 Recodification Citation: 34-21-4-1.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-9. Order for Possession Before Hearing; Grounds

Sec. 9. The court may issue an order for possession under this chapter before the hearing if probable cause appears that any of the following subdivisions apply:
(1) The defendant gained possession of the property by theft or criminal conversion.
(2) The property consists of one (1) or more negotiable instruments or credit cards.
(3) By reason of specific, competent evidence shown by testimony within the personal knowledge of an affiant or witness, the property is:
(A) perishable, and will perish before any noticed hearing can be had;
(B) in immediate danger of destruction, serious harm, concealment, removal from Indiana, or sale to an innocent purchaser; or
(C) held by a person who threatens to destroy, harm, or conceal the property, remove the property from Indiana, or sell the property to an innocent purchaser.
[Pre-2002 Recodification Citation: 34-21-4-2.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-10. Order for Possession Without Notice; Grounds

Sec. 10. Before the court may issue an order for possession without notice under section 12 of this chapter, the plaintiff or the plaintiff’s attorney must file an affidavit or certificate showing:
(1) the efforts, if any, that have been made to give notice; and
(2) the reasons why notice of the application for the order cannot be given.
[Pre-2002 Recodification Citation: 34-21-4-3.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-11. Application to Shorten Time for Show Cause Hearing

Sec. 11. (a) If an order of possession was issued before a hearing under this chapter (or IC 34-1-9.1-4 or IC 34-21-4-4 before their repeal), the defendant or other person from whom possession of the property was taken may apply to the court for an order shortening the time for hearing on the order to show cause.
(b) The court may, upon an application made under subsection (a):
(1) shorten the time until the hearing; and
(2) direct that the matter shall be heard on not less than forty-eight (48) hours notice to the plaintiff.
[Pre-2002 Recodification Citation: 34-21-4-4.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-12. Sheriff or Other Executing Officer to Hold Property

Sec. 12. An order of possession issued under this chapter without notice shall direct the sheriff or other executing officer to hold the property until further order of the court.
[Pre-2002 Recodification Citation: 34-21-4-5.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-13. Issuance of Preliminary Order and Temporary Restraining Order

Sec. 13. Under any of the circumstances set forth in this chapter, or instead of the immediate issuance of an order of possession under this chapter, the judge may, in addition to issuing a preliminary order, issue a temporary restraining order directed to the defendant prohibiting certain acts with respect to the property if the issuance of the order appears to be necessary for the preservation of the rights of the parties and the status of the property.
[Pre-2002 Recodification Citation: 34-21-4-6.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-14. Hearing on Preliminary Order

Sec. 14. Upon the hearing on the preliminary order under this chapter, the court shall:
(1) consider the showing made by the parties appearing; and
(2) make a preliminary determination which party, with reasonable probability, is entitled to possession, use, and disposition of the property, pending final adjudication of the claims of the parties.
[Pre-2002 Recodification Citation: 34-21-4-7.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-15. Prejudgment Order of Possession

Sec. 15. If the court determines, in an action under this chapter, that a prejudgment order of possession in the plaintiff's favor should issue, the court shall issue the order.
[Pre-2002 Recodification Citation: 34-21-4-8.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-16. Appointment of Receiver

Sec. 16. If the property claimed by the plaintiff in an action under this chapter has a peculiar value that cannot be compensated by damages, the court may, instead of issuing an order of possession, appoint a receiver to take possession of and hold the property until further order of the court.
[Pre-2002 Recodification Citation: 34-21-4-9.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-17. Failure of Defendant to Appear

Sec. 17. If the defendant in an action under this chapter fails to appear, the court may enter its final judgment with respect to possession as in other cases where there is a default for a failure to appear.
[Pre-2002 Recodification Citation: 34-21-4-10.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-18. Order of Possession; Contents

Sec. 18. An order of possession issued under this chapter must:
(1) be directed to the sheriff or other officer charged with the execution of the order within whose jurisdiction the property is believed to be located;
(2) describe the property to be seized; and
(3) direct the executing officer to:
(A) seize the property if it is found;
(B) take the property into custody; and
(C) deliver the property to the plaintiff, unless:
(i) the order was issued without notice; or
(ii) the defendant files a written undertaking in accordance with section 7(1)(C) of this chapter within a time fixed by the court.
[Pre-2002 Recodification Citation: 34-21-4-11.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-19. Final Judgment; Contents

Sec. 19. If the order issued in an action under this chapter is a final judgment:
(1) the court does not need to fix a time for the defendant to file a written undertaking;
(2) the order must direct immediate delivery to the plaintiff;
(3) a copy of any written undertaking filed by the plaintiff must be attached to the order; and
(4) the order must inform the defendant that the defendant has the right to:
(A) except to the surety upon the undertaking; or
(B) file a written undertaking for the redelivery of the property as provided in section 7(1)(C) of this chapter.
[Pre-2002 Recodification Citation: 34-21-4-12.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-20. Final Judgment to Supersede All Preceding Orders

Sec. 20. Any:
(1) order for possession;
(2) temporary restraining order;
(3) prejudgment order for possession; or
(4) other preliminary transfer of possession;
issued under this article (or IC 34-1-9.1 or IC 34-21 before their repeal) is superseded by the final judgment rendered in an action under this chapter.
[Pre-2002 Recodification Citation: 34-21-4-13.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-21. Plaintiff's Bond Required

Sec. 21. (a) Except as provided in subsection (c), the court may not issue an order of possession, with or without notice, in the plaintiff's favor in an action under this chapter until the plaintiff has filed with the court a written undertaking:
(1) in an amount fixed by the court; and
(2) executed by a surety to be approved by the court;
to the effect that the plaintiff and the surety are bound to the defendant for the value of the property, as determined by the court, along with other damages the defendant may suffer if the property has been wrongfully taken from the defendant.
(b) The amount of the bond may not be less than the value of the property.
(c) If the defendant has failed to appear and final judgment is entered, no written undertaking is required.
[Pre-2002 Recodification Citation: 34-21-5-1.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-22. Return of Property to Defendant; Bond

Sec. 22. (a) In an action under this chapter, the defendant:
(1) at any time before the hearing on the preliminary order; or
(2) if final judgment has not been entered, within the time fixed in the order of possession;
may require the return of the property upon filing with the court a written undertaking executed by a surety to be approved by the court.
(b) The written undertaking must provide that the defendant is bound:
(1) as to the value of the property, as determined by the court, for the delivery of the property to the plaintiff, if delivery is ultimately ordered; and
(2) for the payment to plaintiff of the sum that may be recovered against the defendant in the action for the defendant's wrongful detention of the property.
[Pre-2002 Recodification Citation: 34-21-5-2.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-23. Service of Notice by Defendant of Filing of Bond

Sec. 23. At the time of filing an undertaking under section 22 of this chapter, the defendant must:
(1) serve upon the executing officer and the plaintiff or the plaintiff's attorney a notice of filing of the undertaking; and
(2) file proof of service of the notice referred to in subdivision (1) with the court.
[Pre-2002 Recodification Citation: 34-21-5-3.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-24. Effect of Defendant's Bond on Show Cause Proceedings

Sec. 24. If the defendant files an undertaking under section 22 of this chapter before the hearing of the order to show cause, proceedings under the order to show cause terminate, unless exception is taken to the surety.
[Pre-2002 Recodification Citation: 34-21-5-4.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-25. Redelivery of Property to Defendant From Executing Officer

Sec. 25. If the property is in the custody of the executing officer at the time the defendant files an undertaking under section 22 of this chapter, the property shall be redelivered to the defendant not later than five (5) days after the date of service of notice of the filing of the undertaking upon the plaintiff or the plaintiff's attorney.
[Pre-2002 Recodification Citation: 34-21-5-5.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-26. Action in Replevin Against Officer; Procedure

Sec. 26. (a) If:
(1) any officer, by virtue of any writ of attachment or execution lawfully issued to the officer, attaches or levies upon any personal property as the property of the attachment or execution defendant; and
(2) any other person, firm, limited liability company, or corporation brings an action in replevin against the officer for the possession of any part of the property attached or levied upon;
as soon as process is served upon the officer, the officer may notify the attachment or execution plaintiff, if a resident of the officer's county, and if not a resident of the officer's county, then the attorney of the plaintiff, in writing, of the replevin suit, giving a general description of the property claimed by the replevin plaintiff in the suit, and may demand of the attachment or execution plaintiff a bond to indemnify the officer against any loss for attorney's fees incurred in the defense of the replevin suit and payment of any judgment for damages and costs.
(b) Upon failure of the attachment or execution plaintiff to execute the bond to the officer within five (5) days after the time of service of the notice described in subsection (a) with good and sufficient surety, the officer may deliver up any part of the property sued for in the replevin suit to the replevin plaintiff.
(c) If the bond demanded under subsection (a) is not given and the officer delivers the property to the replevin plaintiff, the attachment or execution plaintiff is estopped from maintaining any action whatever against the officer for the value of the property delivered up or for damages for failing to make any defense in the replevin suit. However, if the action in replevin is pending in the circuit court, the bond shall be approved by the clerk of the circuit court.
[Pre-2002 Recodification Citation: 34-21-6-1.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-27. Delivery to Defendant in Open Court

Sec. 27. If the defendant or the defendant's attorney is in open court at the time the order of possession is issued under this chapter, a copy of the order shall be delivered promptly to the defendant and the delivery shall be noted in the order book.
[Pre-2002 Recodification Citation: 34-21-7-1.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-28. Service by Sheriff or Other Executing Officer

Sec. 28. If the defendant and the defendant's attorney are not present in open court when the order of possession is issued under this chapter, sufficient copies of the order shall be delivered to the sheriff or other executing officer. The executing officer shall, without delay, serve upon the defendant a copy of the order of possession:
(1) by delivering the order of possession to:
(A) the defendant personally; or
(B) the defendant's agent from whose possession the property is taken;
(2) if the defendant or the defendant's agent cannot be found, by leaving it at the usual place of abode of either with some person of suitable age and discretion; or
(3) if neither the defendant nor the defendant's agent has any known usual place of abode, by mailing it to the defendant's last known address.
[Pre-2002 Recodification Citation: 34-21-7-2.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-29. Taking Immediate Custody of Property; Exception for Vehicle or Boat Used as Defendant's Dwelling

Sec. 29. (a) Upon serving on the defendant a copy of the order of possession under section 28 of this chapter, the executing officer, except as provided in subsection (b), shall immediately take the property into custody if the property is in the possession or control of the defendant or the defendant's agent.
(b) If the property is a housetrailer, recreational vehicle, motor or mobile home, or boat and is being used as the principal dwelling of a defendant, at the expiration of forty-eight (48) hours after the order of possession is served, the officer shall immediately remove the property's occupants and take the property into custody.
[Pre-2002 Recodification Citation: 34-21-8-1.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-30. Taking Possession of Building or Enclosure

Sec. 30. If the property or any part of the property that is subject to an order of possession issued under this chapter is:
(1) in a building or enclosure; and
(2) not voluntarily delivered;
the executing officer shall cause the building or enclosure to be broken open in a manner the officer reasonably believes will cause the least damage to the building or enclosure and take possession of the property.
[Pre-2002 Recodification Citation: 34-21-8-2.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-31. Safekeeping and Delivery of Property; Expenses

Sec. 31. An executing officer who has taken property subject to an order of possession issued under this chapter shall:
(1) keep it in a secure place; and
(2) deliver it to the party entitled to the property upon receiving actual, reasonable, and necessary expenses for keeping the property.
[Pre-2002 Recodification Citation: 34-21-8-3.]
As added by P.L.2-2002, SEC.20.
2023 Indiana Code › Title 32. Property › Article 35. Causes of Action Concerning Personal Property › Chapter 2. Replevin › 32-35-2-32. Order of Possession; Endorsement and Return to Court

Sec. 32. After taking property subject to an order of possession issued under this chapter, an executing officer shall:
(1) note the executing officer's proceedings in writing upon the order of possession; and
(2) return the order of possession to the court in which the action is pending;
within five (5) days after taking the property mentioned in the order.
[Pre-2002 Recodification Citation: 34-21-8-4.]
As added by P.L.2-2002, SEC.20.