IC 34-55-7
    Chapter 7. Liability of Sheriff to Pay Money Collected onExecution

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 anyproperty justly liable to execution when the levy or sale might havebeen done, the sheriff is liable for the value of the property, not toexceed 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 asrequired by law, or makes a false return on the execution, the sheriffis liable for the amount the sheriff might and should have levied byvirtue 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 onexecution; liability
    Sec. 4. If a sheriff neglects or refuses on demand to pay over anymoney collected on execution to the execution creditor, the executioncreditor's agent or attorney, or the execution debtor when entitled, thesheriff 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 fromthe sheriff:
        (1) legal interest; and
        (2) damages not exceeding ten percent (10%) on the principalsum 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 madeby:        (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 commencedimmediately upon the default of the sheriff, either before or after thereturn 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 uponbeing satisfied by the collection of the money or upon order of theplaintiff or the plaintiff's agent endorsed on the execution.
    (b) When the return day of an execution falls on Sunday, theexecution 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 tosubmit refunding bond
    Sec. 8. If:
        (1) the sheriff sells the property of a nonresident or other personupon an execution issued on a judgment recovered against theperson in a case where publication has been provided; and
        (2) no personal notice of the pendency of the action was givento the defendant;
the plaintiff may not receive any of the proceeds of the sale until theplaintiff has filed in the clerk's office a written undertaking, withsurety, to be approved by the clerk, to the effect that the plaintiff willrefund the money about to be received by the plaintiff, or so much ofthe money as is necessary, if the judgment is afterwards annulled orset aside and the defendant shows that the plaintiff's claim isunfounded in whole or in part. However, surety to refund is notrequired 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 inthe hands of the sheriff to be executed, does not affect the sheriff'sproceedings, except that the amount of property allowed absolutelyto the surviving spouse of the decedent is exempt from levy and saleunder the execution.
As added by P.L.1-1998, SEC.51.