CHAPTER 1. EXECUTION OF JUDGMENTS GENERALLY
IC 34-55
ARTICLE 55. EXECUTION OF JUDGMENTS
IC 34-55-1
Chapter 1. Execution of Judgments Generally
IC 34-55-1-1
Enforcement of judgments requiring payments of money ordelivery of real or personal property
Sec. 1. When a judgment requires the payment of money ordelivery of real or personal property, the judgment may be enforcedby execution as provided in this chapter. When the judgment requiresthe performance of any other act, a certified copy of the judgmentmay be served upon:
(1) the party against whom the judgment is given; or
(2) the person or officer who is required by the judgment or bylaw to obey the judgment;
and the person's obedience to the judgment may be enforced. If theperson refuses to obey the judgment, the person may be punished bythe court as for contempt.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-2
Issuance after lapse of ten years
Sec. 2. (a) After the lapse of ten (10) years after:
(1) the entry of judgment; or
(2) issuing of an execution;
an execution can be issued only on leave of court, upon motion, afterten (10) days personal notice to the adverse party, unless the adverseparty is absent or a nonresident, or cannot be found.
(b) When an execution is issued on leave of court undersubsection (a), service of notice may be made by publication, as inan original action, or in a manner as the court directs. Leave shall notbe given unless it is established by the oath of the party or othersatisfactory proof that the judgment or part of the judgment remainsunsatisfied and due.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-3
Three kinds of executions
Sec. 3. There are three (3) kinds of executions:
(1) Execution against the property of the judgment debtor.
(2) Execution against the person of the judgment debtor.
(3) Execution for the delivery of the possession of real orpersonal property, or such delivery with damages forwithholding real or personal property.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-4
Executions issued to sheriffs Sec. 4. Executions may be issued to the sheriffs of differentcounties at the same time. However, the plaintiff shall pay the costsupon all executions not necessary to the collection of the plaintiff'sjudgment.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-5
Form of execution
Sec. 5. The execution must:
(1) issue in the name of the state;
(2) be directed to the sheriff of the county;
(3) be sealed with the seal of the court; and
(4) attested by the clerk of the court.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-6
Reference to judgment in execution
Sec. 6. The execution must intelligibly refer to the judgment,stating:
(1) the court where and the time when rendered;
(2) the names of the parties;
(3) the amount, if the judgment is for money; and
(4) the amount actually due on the judgment.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-7
Requirements of sheriff in execution
Sec. 7. The execution must require the sheriff to do the following:
(1) If the execution is against the property of the judgmentdebtor, the execution must require the sheriff to satisfy thejudgment out of the property of the debtor, subject to execution.
(2) If the execution is against real or personal property in thehands of personal representatives, heirs, devisees, legatees,tenants of real property, or trustees, the execution must requirethe sheriff to satisfy the judgment out of that property.
(3) If the execution is against the body of the judgment debtor,the execution must require the sheriff to arrest the debtor andcommit the debtor to the jail of the county until the debtor paysthe judgment or is discharged according to law.
(4) If the execution is for the delivery of the possession of realor personal property, the execution:
(A) must require the sheriff to deliver the possession of theproperty, particularly describing the property to the partyentitled to the property; and
(B) may at the same time require the sheriff to satisfy anycosts, damages, rents, or profits recovered by the judgmentout of the property of the party against whom the judgmentwas rendered, subject to execution.
The value of the property for which the judgment was recoveredmust be specified in the execution if a delivery cannot be made,
and shall, in that respect, be considered an execution againstproperty.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-8
Executions against body; when issued
Sec. 8. An execution against the body shall not be issued while anexecution against the property remains unreturned.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-9
Executions against property; when issued
Sec. 9. An execution against the property shall not be issued whilethere is an execution against the body unreturned.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-10
Execution against body or property; issuance to sheriff
Sec. 10. (a) When the execution is against the property or body ofthe judgment debtor, the execution may be issued to the sheriff ofany county in Indiana.
(b) When the execution requires the delivery of real or personalproperty, the execution must be issued to the sheriff of the countywhere the property or part of the property is located.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-11
Return of execution
Sec. 11. (a) Except as provided in subsection (b), the executionshall be returned not later than ninety (90) days after the date of theexecution.
(b) The judgment creditor, at the time of filing praecipe forexecution, may designate any other time less than ninety (90) daysfor the return of the execution. In that case, the execution shall bereturned within the time fixed by the judgment creditor.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-12
Execution against goods and chattels; priorities
Sec. 12. (a) When an execution against the property of any personis delivered to an officer to be executed, the goods and chattels of theperson within the jurisdiction of the officer is bound from the timeof the delivery.
(b) If there are several executions against the same defendant inthe hands of different officers, that execution, without regard to thetime of its delivery under which the first levy is made, has thepreference, and all liens created by the prior delivery of any otherexecution are divested in favor of the execution first levied.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-13
Endorsement by sheriff
Sec. 13. The sheriff receiving an execution shall endorse on theexecution the year, month, day, and hour when the sheriff receivedthe execution.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-14
Executions against principal and surety; principal's property first
Sec. 14. If it appears upon the face of an execution or by theendorsement of the clerk that of those persons against whom theexecution is issued, any one (1) person is surety for another, theproperty of the principal shall be first sold, unless the surety directsotherwise.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-15
Issuance on Sunday
Sec. 15. An execution may be issued and executed on Sundaywhenever an affidavit is filed by the plaintiff or another person onthe plaintiff's behalf, stating that the plaintiff has reason to fear andbelieve that the plaintiff will lose the judgment unless process isissued on Sunday.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-16
Clerk's endorsement on Sunday service
Sec. 16. The clerk shall endorse on the execution that thedefendants are not privileged from service on Sunday.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-17
Sheriff; death or vacancy in office
Sec. 17. If the sheriff dies or leaves office before the return of anexecution, the sheriff's successor or other officer authorized todischarge the duties of the office shall proceed in the same mannerthat the sheriff should have done.
As added by P.L.1-1998, SEC.51.