IC 34-55-7

    

Chapter 7. Liability of Sheriff to Pay Money Collected on
Execution


IC 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.

As added by P.L.1-1998, SEC.51.


IC 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.

As added by P.L.1-1998, SEC.51.


IC 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.

As added by P.L.1-1998, SEC.51.


IC 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.

As added by P.L.1-1998, SEC.51.


IC 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.

As added by P.L.1-1998, SEC.51.


IC 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.

As added by P.L.1-1998, SEC.51.


IC 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.

As added by P.L.1-1998, SEC.51.


IC 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.

As added by P.L.1-1998, SEC.51.


IC 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.

As added by P.L.1-1998, SEC.51.