CHAPTER 2. STAY OF EXECUTION

IC 34-55-2
    Chapter 2. Stay of Execution

IC 34-55-2-1
Bail for stay of executions; entry on record
    Sec. 1. The bail for stay of execution may be taken and approvedby the clerk and the recognizance entered of record at any timebefore the stay of execution expires. The undertaking in therecognizance is for the payment of the judgment, interest, and coststhat may accrue at or before the expiration of the stay of execution.The recognizance shall be written immediately following the entryof the judgment and signed by the bail.
As added by P.L.1-1998, SEC.51.

IC 34-55-2-2
Return of execution upon entry of bail
    Sec. 2. When bail is entered after execution is issued, the clerkshall immediately notify the sheriff of the stay of execution. Thesheriff shall immediately return the execution, noting the sheriff'sactions on the execution.
As added by P.L.1-1998, SEC.51.

IC 34-55-2-3
Execution issued for want of bail; clerk's endorsement
    Sec. 3. When execution issues for want of bail before the stay ofexecution expires, the clerk shall endorse on the execution:
        (1) the date of the judgment; and
        (2) that the execution is repleviable.
As added by P.L.1-1998, SEC.51.

IC 34-55-2-4
Stay of execution for remainder of term
    Sec. 4. In a case described in section 3 of this chapter, thedefendant may have a stay of execution for the remainder of the termof the stay of execution by putting in bail, approved by the sheriff,and endorsed on the stay and signed by the surety.
As added by P.L.1-1998, SEC.51.

IC 34-55-2-5
Return of execution by sheriff; copy of recognizance on executiondocket
    Sec. 5. The sheriff, having taken the bail, shall immediately returnthe execution, with the sheriff's actions noted on the execution to theclerk's office. The clerk shall copy the recognizance in the executiondocket. The recognizance has the same force as if taken by the clerk.
As added by P.L.1-1998, SEC.51.

IC 34-55-2-6
Relinquishment of property levied before stay of execution
    Sec. 6. All:        (1) property levied on before stay of execution; and
        (2) written undertakings for the delivery of personal property tothe sheriff;
shall be relinquished by the officer upon bail for the stay ofexecution being entered.
As added by P.L.1-1998, SEC.51.

IC 34-55-2-7
Recognizance of bail; effect of judgment confessed
    Sec. 7. Every recognizance of bail, taken as provided in thischapter, has the effect of a judgment confessed, from the date of therecognizance, against the person and property of the bail.
As added by P.L.1-1998, SEC.51.

IC 34-55-2-8
Praecipe and fee bill
    Sec. 8. (a) An execution shall not be issued in any cause except onthe written praecipe of:
        (1) a party to the suit;
        (2) the party's representatives or assigns; or
        (3) the party's attorney of record.
    (b) A fee bill shall not be issued unless the fee bill is ordered bythe person to whom the fees or a part of the fees are due. However,the clerk shall receive nothing for any fee bill issued for the clerk'sown fees.
As added by P.L.1-1998, SEC.51.

IC 34-55-2-9
Joint executions
    Sec. 9. At the expiration of the stay, the clerk shall issue a jointexecution against the property of all the judgment debtors andreplevin bail. The sheriff shall first levy upon the property of thejudgment defendants, if sufficient property can be found. If not, thesheriff shall, without delay, levy the execution upon the property ofthe bail. However, no property of the bail shall be sold whileproperty of the original judgment debtor, subject to the execution,can be found in the county.
As added by P.L.1-1998, SEC.51.

IC 34-55-2-10
When stays not allowed
    Sec. 10. (a) A stay of execution is not allowed upon any judgmentrecovered against any officer, person, or corporation, or the suretiesof an officer, person, or corporation, for money received in afiduciary capacity, or for a breach of any official duty.
    (b) The clerk shall immediately issue executions upon judgmentsdescribed in subsection (a), returnable in ninety (90) days, andendorsed "not repleviable". It shall be so ordered in the judgment.
As added by P.L.1-1998, SEC.51.
IC 34-55-2-11
Sureties' objections to stay
    Sec. 11. When any court renders judgment against two (2) or morepersons, any of whom are sureties for any other or others in thecontract on which the judgment is founded, there shall be no stay ofexecution on the judgment if the sureties object at the time ofrendering the judgment. It shall be so ordered by the court unlesssurety for the stay of execution will undertake specially to pay thejudgment, in case the amount of the judgment cannot be levied of theprincipal defendant.
As added by P.L.1-1998, SEC.51.

IC 34-55-2-12
Surety for stay; request for immediate execution
    Sec. 12. A surety for the stay of execution may file with the clerkan affidavit, stating that the surety truly believes that the surety willbe liable for the judgment, interest, and costs unless execution issuesimmediately. The clerk shall immediately issue execution unlessother sufficient bail is entered before the clerk or sheriff as in othercases.
As added by P.L.1-1998, SEC.51.

IC 34-55-2-13
Entry of other bail; effect
    Sec. 13. If other sufficient bail is entered, it shall have the forceof the original bail entered before the filing of the affidavit and shalldischarge the original bail.
As added by P.L.1-1998, SEC.51.