CHAPTER 3. LEVY OF EXECUTION

IC 34-55-3
    Chapter 3. Levy of Execution

IC 34-55-3-1
Service by sheriff and offer to sell
    Sec. 1. When an execution against the property of any person isissued to the sheriff, the sheriff shall:
        (1) serve the execution upon the defendants in the county andlevy the execution, if not paid, upon property; and
        (2) make at least one (1) offer to sell property levied uponwithin sixty (60) days after the execution comes to the sheriff,if property can be found, unless otherwise directed by theplaintiff or the plaintiff's agents.
As added by P.L.1-1998, SEC.51.

IC 34-55-3-2
Currency and bank notes
    Sec. 2. Current coin and lawful money, and bank notes theplaintiff is willing to receive as money, may be levied upon andreturned on execution, without sale, as so much money collected.
As added by P.L.1-1998, SEC.51.

IC 34-55-3-3
Bills, notes, drafts, and checks
    Sec. 3. Bills, notes, drafts, checks, or other evidences of debt,issued by any monied corporation or bank, or by Indiana or theUnited States, and circulating as money, may be levied upon aspersonal property and sold on execution.
As added by P.L.1-1998, SEC.51.

IC 34-55-3-4
Goods and chattels pledged, assigned, or mortgaged
    Sec. 4. Goods and chattels pledged, assigned, or mortgaged assecurity for any debt or contract may be levied upon and sold onexecution against the person making the pledge, assignment, ormortgage. The purchaser is entitled to the possession uponcomplying with the conditions of the pledge, assignment, ormortgage.
As added by P.L.1-1998, SEC.51.

IC 34-55-3-5
Shares of stock
    Sec. 5. (a) Shares of stock in any corporation or company may belevied upon and sold in the county where the office and books,showing the shares of stock and stockholders of the corporation orcompany, are kept.
    (b) The sheriff shall transfer the stock, subject to the rights of thecorporation or company.
    (c) The sheriff is entitled to access to the books of any corporationor company in the sheriff's county for the purpose of making the

levy. If refused access, the court shall enforce the right.
    (d) The shares of stock subject to be levied upon are bound by theexecution from the time of the levy. When the levy is made, thesheriff shall leave the notice of the levy with the officers of thecompany. The levy constitutes a lien upon the stock from the time ofthe levy.
As added by P.L.1-1998, SEC.51.

IC 34-55-3-6
Debt or cause of action
    Sec. 6. Any debt or cause of action, which is assignable, may belevied upon, when given up by the defendant, and sold on execution,in the same manner as other personal property.
As added by P.L.1-1998, SEC.51.

IC 34-55-3-7
Debt or thing in action; assignment and delivery to purchaser
    Sec. 7. The sheriff making the sale of any debt or thing in actionshall assign and deliver the debt or thing in action to the purchaser.The assignment has the same effect as if made by the executiondefendant at the time of making the levy.
As added by P.L.1-1998, SEC.51.

IC 34-55-3-8
Actions involving assignments; pleading
    Sec. 8. In any action in which the assignment is declared upon orstated, it is not necessary to plead or prove any judgment orexecution, by virtue of which the sale was made, nor to prove theexecution of the assignment, unless the assignment is denied underoath.
As added by P.L.1-1998, SEC.51.

IC 34-55-3-9
Designated and undesignated property
    Sec. 9. (a) When an execution issues against the real or personalproperty of any person, the sheriff shall levy the execution, first uponthat part of the property designated by the person, if there is noreasonable doubt that the person is the owner of the property and ifdesignated in time to enable the sheriff to levy and sell withoutunnecessary delay.
    (b) If no property is designated as described in subsection (a), thesheriff shall levy the execution upon any property of the debtor thatcan be found, subject to execution.
    (c) If the designated property is insufficient to satisfy theexecution, the sheriff shall levy the execution upon other property,subject to execution, as can be most readily found, sufficient, inaddition to the property designated, to satisfy the execution.
As added by P.L.1-1998, SEC.51.

IC 34-55-3-10 Personalty and real estate; order of levy and sale
    Sec. 10. In all cases where the personal estate of the debtor,subject to execution, is insufficient to satisfy the execution, the realestate is exempt from levy and sale until the personal estate is leviedupon and sold, unless the debtor directs otherwise. The principalmessuage, lands, or tenements of the debtor, or upon which thedebtor may reside, shall not be levied upon unless other propertycannot be found sufficient to satisfy the execution in the hands of thesheriff.
As added by P.L.1-1998, SEC.51.