IC 34-25-2-1 Attachment of property at or after filing complaint
Sec. 1. (a) At or after the time of filing a complaint, the plaintiff
may have an attachment against the property of the defendant, in the
cases described in subsection (b) and in the manner described in this
chapter.
(b) The plaintiff may attach property when the action is for the
recovery of money and the defendant:
(1) is, or one (1) of several defendants is, a foreign corporation
or a nonresident of Indiana;
(2) is, or one (1) of several defendants is, secretly leaving or has
left Indiana with intent to defraud:
(A) the defendant's creditors;
(B) the state;
(C) a municipal corporation;
(D) a political subdivision; or
(E) a school corporation (as defined in IC 20-18-2-16(c));
(3) is concealed so that a summons cannot be served upon the
defendant;
(4) is removing or about to remove the defendant's property
subject to execution, or a material part of the property, outside
Indiana, not leaving enough behind to satisfy the plaintiff's
claim;
(5) has sold, conveyed, or otherwise disposed of the defendant's
property subject to execution, or permitted the property to be
sold with the fraudulent intent to cheat, hinder, or delay:
(A) the defendant's creditors;
(B) the state;
(C) a municipal corporation;
(D) a political subdivision; or
(E) a school corporation (as defined in IC 20-18-2-16(c)); or
(6) is about to sell, convey, or otherwise dispose of the
defendant's property subject to execution with the fraudulent
intent to cheat, hinder, or delay:
(A) the defendant's creditors;
(B) the state;
(C) a municipal corporation;
(D) a political subdivision; or
(E) a school corporation (as defined in IC 20-18-2-16(c)).
(c) The plaintiff is entitled to an attachment for the causes
mentioned in subsection (b)(2), (b)(4), (b)(5), and (b)(6) whether the
cause of action is due or not. As added by P.L.1-1998, SEC.20. Amended by P.L.176-2009,
SEC.22.
IC 34-25-2-2 Attachment barred while debtor's spouse and family reside within
county; limitation on debtor's absence
Sec. 2. (a) Except as provided in subsection (b), an attachment,
may not issue against any debtor while the debtor's spouse and
family remain settled within the county where the debtor usually
resided before the debtor's absence, if the debtor does not remain
absent from Indiana more than one (1) year.
(b) This section does not apply if:
(1) the attachment is requested in a cause of action described in
section 1(b)(4), 1(b)(5), or 1(b)(6) of this chapter; or
(2) an attempt is made to conceal the debtor's absence. As added by P.L.1-1998, SEC.20.
IC 34-25-2-3 Concealment of debtor's absence by spouse or family
Sec. 3. If the spouse or family of the debtor:
(1) refuse or are unable to:
(A) account for the debtor's absence; or
(B) indicate the place where the debtor may be found; or
(2) give a false account of the debtor's absence or place where
the debtor may be found;
the refusal, inability, or false account is considered an attempt to
conceal the debtor's absence for the purposes of this chapter. As added by P.L.1-1998, SEC.20.
IC 34-25-2-4 Plaintiff's affidavit
Sec. 4. The plaintiff or a person representing the plaintiff shall
make an affidavit showing:
(1) the nature of the plaintiff's claim;
(2) that the plaintiff's claim is just;
(3) the amount that the plaintiff ought to recover; and
(4) that one (1) of the grounds for an attachment enumerated in
section 1 of this chapter is present. As added by P.L.1-1998, SEC.20.
IC 34-25-2-5 Plaintiff's undertaking
Sec. 5. Except for actions filed by the attorney general under
IC 5-11-5-1 or IC 5-11-6-1, the plaintiff or a person representing the
plaintiff shall execute a written undertaking, with sufficient surety,
to be approved by the clerk, payable to the defendant, to the effect
that the plaintiff will:
(1) duly prosecute the proceeding in attachment; and
(2) pay all damages that may be sustained by the defendant if
the proceedings of the plaintiff are wrongful and oppressive. As added by P.L.1-1998, SEC.20. Amended by P.L.176-2009,
SEC.23.
IC 34-25-2-6 Order of attachment
Sec. 6. Upon the filing of the affidavit and written undertaking in
the office of the clerk, the clerk shall issue an order of attachment,
which shall be directed and delivered to the sheriff. The order of
attachment must require the sheriff to seize and take into possession
the property of the defendant in the county that is not exempt from
execution. As added by P.L.1-1998, SEC.20.
IC 34-25-2-7 Issuance of order to sheriff of other county; orders issued
simultaneously or in succession; recovery of costs
Sec. 7. Orders of attachment may be issued to the sheriff of any
other county, and several orders of attachment may, at the option of
the plaintiff, be issued at the same time or in succession. Only the
costs of orders of attachment that have been executed in whole or in
part shall be recovered against the defendant unless otherwise
directed by the court. As added by P.L.1-1998, SEC.20.
IC 34-25-2-8 Issuance of execution of order on Sunday
Sec. 8. An order of attachment may be issued and executed on
Sunday, if the plaintiff's affidavit shows that the defendant is about
to abscond on that day, to the injury of the plaintiff. As added by P.L.1-1998, SEC.20.
IC 34-25-2-9 Assistance of householder; inventory; appraisement
Sec. 9. The sheriff shall proceed, with the assistance of a
disinterested and credible householder of the county, to:
(1) attach the lands, tenements, goods, and chattels of the
defendant, subject to execution; and
(2) make an inventory and appraisement of the property
described in subdivision (1) and return the inventory and
appraisement with the order. As added by P.L.1-1998, SEC.20.
IC 34-25-2-10 Order becomes lien on property
Sec. 10. An order of attachment binds the defendant's property in
the county subject to execution and becomes a lien on the property
from the time of the delivery of the order to the sheriff, in the same
manner as an execution. As added by P.L.1-1998, SEC.20.
IC 34-25-2-11 Order in which property taken; pursuing property in another
county
Sec. 11. (a) The sheriff shall first take the defendant's personal
property under an attachment.
(b) If the sheriff does not find enough personal property of the
defendant to satisfy the plaintiff's claim and costs of the action, then
the sheriff shall take the defendant's real estate under attachment.
(c) If any property of the defendant is removed from the county
after an order of attachment is placed in the hands of the sheriff, the
sheriff may pursue and attach the property in any county within three
(3) days after the removal. As added by P.L.1-1998, SEC.20.
IC 34-25-2-12 Undertaking by defendant or person having possession of property
Sec. 12. The defendant or other person who has possession of
attached property may have the property, or any part of the property,
delivered to the defendant or person by executing and delivering to
the sheriff a written undertaking, with surety, to be approved by the
sheriff, payable to the plaintiff, to the effect that:
(1) the property shall be:
(A) properly kept and taken care of; and
(B) delivered to the sheriff on demand, or so much of the
property as may be required to be sold on execution to
satisfy any judgment that may be recovered against the
defendant or person in the action; or
(2) the defendant or person will pay the appraised value of the
property, not exceeding the amount of the judgment and costs. As added by P.L.1-1998, SEC.20.
IC 34-25-2-13 Third party's duty to prosecute claim
Sec. 13. Whenever any person other than the defendant claims any
property attached, the right of property may be tried as in cases of
property taken in execution, and the claimant, having notice of the
attachment, shall be bound to prosecute the claim as in such cases or
be barred of the right. As added by P.L.1-1998, SEC.20.
IC 34-25-2-14 Duty of defendant or claimant to give information under oath
Sec. 14. The defendant or claimant of any attached property may
be required by the court to appear and give information, under oath,
respecting the property. As added by P.L.1-1998, SEC.20.
IC 34-25-2-15 Lien on goods attached in hands of consignee
Sec. 15. Goods attached in the hands of a consignee are subject to
a lien for any debt due the consignee from the consignor. As added by P.L.1-1998, SEC.20.
IC 34-25-2-16 Undertaking by defendant; discharge of attachment; restitution of
property
Sec. 16. If the defendant or other person representing the
defendant, at any time before judgment, executes a written
undertaking to the plaintiff with sufficient surety, to be approved by
the court, clerk, or sheriff, to the effect that the defendant will:
(1) appear in the action; and
(2) perform the judgment of the court;
the attachment shall be discharged and restitution made of any
property taken under the attachment or the proceeds of the property. As added by P.L.1-1998, SEC.20.
IC 34-25-2-17 Property that is perishable or expensive to keep; procedure for sale
at public auction
Sec. 17. When attached personal property is perishable in nature
or expensive to keep, the court may direct the sheriff to sell the
property at public auction upon reasonable notice. If the property is
liable to immediate damage, the sheriff may sell the property by
giving ten (10) days notice, without an order of court, and the
proceeds of all sales shall be deposited with the clerk. As added by P.L.1-1998, SEC.20.
IC 34-25-2-18 Allowance of sheriff's expenses of keeping attached property
Sec. 18. The sheriff shall be allowed by the court the necessary
expenses of keeping the attached property, to be paid by the plaintiff
and taxed in the costs. As added by P.L.1-1998, SEC.20.
IC 34-25-2-19 Effect of dismissal by first attaching creditor
Sec. 19. (a) This section applies when the first attaching creditor
dismisses the action or proceedings in attachment.
(b) A dismissal described in subsection (a) does not operate as a
dismissal of the action or proceedings of any subsequent attaching
creditor. As added by P.L.1-1998, SEC.20.
IC 34-25-2-20 Motion for discharge and restitution; undertaking; judgment for
plaintiff
Sec. 20. (a) After appearing in the action, a defendant against
whom an order of attachment has been issued may move to have:
(1) the attachment discharged; and
(2) restitution awarded for any property taken under the
attachment.
(b) An appearance in the action may not operate to discharge the
attachment unless the defendant files a written undertaking as
required in section 16 of this chapter.
(c) If:
(1) the defendant appears in the action;
(2) judgment is rendered in favor of the plaintiff; and
(3) part of the judgment remains unsatisfied after exhausting the
property attached;
the judgment is considered a judgment against the defendant
personally.
(d) A judgment described in subsection (c) has the same force and
effect as other judgments, and execution shall issue on the judgment
accordingly for the collection of the residue.
(e) If the plaintiff's undertaking is insufficient, the plaintiff is
entitled to a reasonable time to file an additional undertaking. As added by P.L.1-1998, SEC.20.
IC 34-25-2-21 Judgment for defendant; appeal
Sec. 21. (a) Except as provided in subsection (b), if the judgment
in the action is rendered for the defendant:
(1) the attachment shall be discharged; and
(2) the attached property or proceeds from the property shall be
returned to the defendant.
(b) If the plaintiff:
(1) serves notice with the clerk or judge within seventy-two (72)
hours that the plaintiff:
(A) intends to appeal from the judgment; and
(B) will file a bond, approved by the court; and
(2) files an appeal, as provided by law, within sixty (60) days
from the date of the judgment;
the attachment or any bond given to release the property or thing
attached shall not be discharged, and the attached property or
proceeds from the property shall not be returned to the defendant
until final disposition of such action. As added by P.L.1-1998, SEC.20.
IC 34-25-2-22 Judgment for plaintiff; execution
Sec. 22. After judgment for the plaintiff or one (1) or more of
several plaintiffs, attached property that remains unsold may be sold
on execution, as in other cases. As added by P.L.1-1998, SEC.20.
IC 34-25-2-23 Action on undertaking; damages
Sec. 23. Every defendant is entitled to an action on the written
undertaking of the plaintiff or creditor by whose proceedings in
attachment the defendant is aggrieved, if it appears that the
proceedings were wrongful and oppressive. The defendant shall
recover damages at the discretion of the jury. As added by P.L.1-1998, SEC.20.
IC 34-25-2-24 Actions in name of state
Sec. 24. In all actions in the name of the state of Indiana, or of any
person, agent, or officer, for the use of the state, if process is returned
indicating that the defendant was not found, an order of attachment
may be issued and proceedings may be had, as in other cases, without
filing an affidavit or a written undertaking. As added by P.L.1-1998, SEC.20.
IC 34-25-2-25 Order executed and discharged; return
Sec. 25. When an order of attachment is fully executed or
discharged, the sheriff shall return the order to the court, with the
sheriff's proceedings noted upon the order. As added by P.L.1-1998, SEC.20.
IC 34-25-2-1 Attachment of property at or after filing complaint
Sec. 1. (a) At or after the time of filing a complaint, the plaintiff
may have an attachment against the property of the defendant, in the
cases described in subsection (b) and in the manner described in this
chapter.
(b) The plaintiff may attach property when the action is for the
recovery of money and the defendant:
(1) is, or one (1) of several defendants is, a foreign corporation
or a nonresident of Indiana;
(2) is, or one (1) of several defendants is, secretly leaving or has
left Indiana with intent to defraud:
(A) the defendant's creditors;
(B) the state;
(C) a municipal corporation;
(D) a political subdivision; or
(E) a school corporation (as defined in IC 20-18-2-16(c));
(3) is concealed so that a summons cannot be served upon the
defendant;
(4) is removing or about to remove the defendant's property
subject to execution, or a material part of the property, outside
Indiana, not leaving enough behind to satisfy the plaintiff's
claim;
(5) has sold, conveyed, or otherwise disposed of the defendant's
property subject to execution, or permitted the property to be
sold with the fraudulent intent to cheat, hinder, or delay:
(A) the defendant's creditors;
(B) the state;
(C) a municipal corporation;
(D) a political subdivision; or
(E) a school corporation (as defined in IC 20-18-2-16(c)); or
(6) is about to sell, convey, or otherwise dispose of the
defendant's property subject to execution with the fraudulent
intent to cheat, hinder, or delay:
(A) the defendant's creditors;
(B) the state;
(C) a municipal corporation;
(D) a political subdivision; or
(E) a school corporation (as defined in IC 20-18-2-16(c)).
(c) The plaintiff is entitled to an attachment for the causes
mentioned in subsection (b)(2), (b)(4), (b)(5), and (b)(6) whether the
cause of action is due or not. As added by P.L.1-1998, SEC.20. Amended by P.L.176-2009,
SEC.22.
IC 34-25-2-2 Attachment barred while debtor's spouse and family reside within
county; limitation on debtor's absence
Sec. 2. (a) Except as provided in subsection (b), an attachment,
may not issue against any debtor while the debtor's spouse and
family remain settled within the county where the debtor usually
resided before the debtor's absence, if the debtor does not remain
absent from Indiana more than one (1) year.
(b) This section does not apply if:
(1) the attachment is requested in a cause of action described in
section 1(b)(4), 1(b)(5), or 1(b)(6) of this chapter; or
(2) an attempt is made to conceal the debtor's absence. As added by P.L.1-1998, SEC.20.
IC 34-25-2-3 Concealment of debtor's absence by spouse or family
Sec. 3. If the spouse or family of the debtor:
(1) refuse or are unable to:
(A) account for the debtor's absence; or
(B) indicate the place where the debtor may be found; or
(2) give a false account of the debtor's absence or place where
the debtor may be found;
the refusal, inability, or false account is considered an attempt to
conceal the debtor's absence for the purposes of this chapter. As added by P.L.1-1998, SEC.20.
IC 34-25-2-4 Plaintiff's affidavit
Sec. 4. The plaintiff or a person representing the plaintiff shall
make an affidavit showing:
(1) the nature of the plaintiff's claim;
(2) that the plaintiff's claim is just;
(3) the amount that the plaintiff ought to recover; and
(4) that one (1) of the grounds for an attachment enumerated in
section 1 of this chapter is present. As added by P.L.1-1998, SEC.20.
IC 34-25-2-5 Plaintiff's undertaking
Sec. 5. Except for actions filed by the attorney general under
IC 5-11-5-1 or IC 5-11-6-1, the plaintiff or a person representing the
plaintiff shall execute a written undertaking, with sufficient surety,
to be approved by the clerk, payable to the defendant, to the effect
that the plaintiff will:
(1) duly prosecute the proceeding in attachment; and
(2) pay all damages that may be sustained by the defendant if
the proceedings of the plaintiff are wrongful and oppressive. As added by P.L.1-1998, SEC.20. Amended by P.L.176-2009,
SEC.23.
IC 34-25-2-6 Order of attachment
Sec. 6. Upon the filing of the affidavit and written undertaking in
the office of the clerk, the clerk shall issue an order of attachment,
which shall be directed and delivered to the sheriff. The order of
attachment must require the sheriff to seize and take into possession
the property of the defendant in the county that is not exempt from
execution. As added by P.L.1-1998, SEC.20.
IC 34-25-2-7 Issuance of order to sheriff of other county; orders issued
simultaneously or in succession; recovery of costs
Sec. 7. Orders of attachment may be issued to the sheriff of any
other county, and several orders of attachment may, at the option of
the plaintiff, be issued at the same time or in succession. Only the
costs of orders of attachment that have been executed in whole or in
part shall be recovered against the defendant unless otherwise
directed by the court. As added by P.L.1-1998, SEC.20.
IC 34-25-2-8 Issuance of execution of order on Sunday
Sec. 8. An order of attachment may be issued and executed on
Sunday, if the plaintiff's affidavit shows that the defendant is about
to abscond on that day, to the injury of the plaintiff. As added by P.L.1-1998, SEC.20.
IC 34-25-2-9 Assistance of householder; inventory; appraisement
Sec. 9. The sheriff shall proceed, with the assistance of a
disinterested and credible householder of the county, to:
(1) attach the lands, tenements, goods, and chattels of the
defendant, subject to execution; and
(2) make an inventory and appraisement of the property
described in subdivision (1) and return the inventory and
appraisement with the order. As added by P.L.1-1998, SEC.20.
IC 34-25-2-10 Order becomes lien on property
Sec. 10. An order of attachment binds the defendant's property in
the county subject to execution and becomes a lien on the property
from the time of the delivery of the order to the sheriff, in the same
manner as an execution. As added by P.L.1-1998, SEC.20.
IC 34-25-2-11 Order in which property taken; pursuing property in another
county
Sec. 11. (a) The sheriff shall first take the defendant's personal
property under an attachment.
(b) If the sheriff does not find enough personal property of the
defendant to satisfy the plaintiff's claim and costs of the action, then
the sheriff shall take the defendant's real estate under attachment.
(c) If any property of the defendant is removed from the county
after an order of attachment is placed in the hands of the sheriff, the
sheriff may pursue and attach the property in any county within three
(3) days after the removal. As added by P.L.1-1998, SEC.20.
IC 34-25-2-12 Undertaking by defendant or person having possession of property
Sec. 12. The defendant or other person who has possession of
attached property may have the property, or any part of the property,
delivered to the defendant or person by executing and delivering to
the sheriff a written undertaking, with surety, to be approved by the
sheriff, payable to the plaintiff, to the effect that:
(1) the property shall be:
(A) properly kept and taken care of; and
(B) delivered to the sheriff on demand, or so much of the
property as may be required to be sold on execution to
satisfy any judgment that may be recovered against the
defendant or person in the action; or
(2) the defendant or person will pay the appraised value of the
property, not exceeding the amount of the judgment and costs. As added by P.L.1-1998, SEC.20.
IC 34-25-2-13 Third party's duty to prosecute claim
Sec. 13. Whenever any person other than the defendant claims any
property attached, the right of property may be tried as in cases of
property taken in execution, and the claimant, having notice of the
attachment, shall be bound to prosecute the claim as in such cases or
be barred of the right. As added by P.L.1-1998, SEC.20.
IC 34-25-2-14 Duty of defendant or claimant to give information under oath
Sec. 14. The defendant or claimant of any attached property may
be required by the court to appear and give information, under oath,
respecting the property. As added by P.L.1-1998, SEC.20.
IC 34-25-2-15 Lien on goods attached in hands of consignee
Sec. 15. Goods attached in the hands of a consignee are subject to
a lien for any debt due the consignee from the consignor. As added by P.L.1-1998, SEC.20.
IC 34-25-2-16 Undertaking by defendant; discharge of attachment; restitution of
property
Sec. 16. If the defendant or other person representing the
defendant, at any time before judgment, executes a written
undertaking to the plaintiff with sufficient surety, to be approved by
the court, clerk, or sheriff, to the effect that the defendant will:
(1) appear in the action; and
(2) perform the judgment of the court;
the attachment shall be discharged and restitution made of any
property taken under the attachment or the proceeds of the property. As added by P.L.1-1998, SEC.20.
IC 34-25-2-17 Property that is perishable or expensive to keep; procedure for sale
at public auction
Sec. 17. When attached personal property is perishable in nature
or expensive to keep, the court may direct the sheriff to sell the
property at public auction upon reasonable notice. If the property is
liable to immediate damage, the sheriff may sell the property by
giving ten (10) days notice, without an order of court, and the
proceeds of all sales shall be deposited with the clerk. As added by P.L.1-1998, SEC.20.
IC 34-25-2-18 Allowance of sheriff's expenses of keeping attached property
Sec. 18. The sheriff shall be allowed by the court the necessary
expenses of keeping the attached property, to be paid by the plaintiff
and taxed in the costs. As added by P.L.1-1998, SEC.20.
IC 34-25-2-19 Effect of dismissal by first attaching creditor
Sec. 19. (a) This section applies when the first attaching creditor
dismisses the action or proceedings in attachment.
(b) A dismissal described in subsection (a) does not operate as a
dismissal of the action or proceedings of any subsequent attaching
creditor. As added by P.L.1-1998, SEC.20.
IC 34-25-2-20 Motion for discharge and restitution; undertaking; judgment for
plaintiff
Sec. 20. (a) After appearing in the action, a defendant against
whom an order of attachment has been issued may move to have:
(1) the attachment discharged; and
(2) restitution awarded for any property taken under the
attachment.
(b) An appearance in the action may not operate to discharge the
attachment unless the defendant files a written undertaking as
required in section 16 of this chapter.
(c) If:
(1) the defendant appears in the action;
(2) judgment is rendered in favor of the plaintiff; and
(3) part of the judgment remains unsatisfied after exhausting the
property attached;
the judgment is considered a judgment against the defendant
personally.
(d) A judgment described in subsection (c) has the same force and
effect as other judgments, and execution shall issue on the judgment
accordingly for the collection of the residue.
(e) If the plaintiff's undertaking is insufficient, the plaintiff is
entitled to a reasonable time to file an additional undertaking. As added by P.L.1-1998, SEC.20.
IC 34-25-2-21 Judgment for defendant; appeal
Sec. 21. (a) Except as provided in subsection (b), if the judgment
in the action is rendered for the defendant:
(1) the attachment shall be discharged; and
(2) the attached property or proceeds from the property shall be
returned to the defendant.
(b) If the plaintiff:
(1) serves notice with the clerk or judge within seventy-two (72)
hours that the plaintiff:
(A) intends to appeal from the judgment; and
(B) will file a bond, approved by the court; and
(2) files an appeal, as provided by law, within sixty (60) days
from the date of the judgment;
the attachment or any bond given to release the property or thing
attached shall not be discharged, and the attached property or
proceeds from the property shall not be returned to the defendant
until final disposition of such action. As added by P.L.1-1998, SEC.20.
IC 34-25-2-22 Judgment for plaintiff; execution
Sec. 22. After judgment for the plaintiff or one (1) or more of
several plaintiffs, attached property that remains unsold may be sold
on execution, as in other cases. As added by P.L.1-1998, SEC.20.
IC 34-25-2-23 Action on undertaking; damages
Sec. 23. Every defendant is entitled to an action on the written
undertaking of the plaintiff or creditor by whose proceedings in
attachment the defendant is aggrieved, if it appears that the
proceedings were wrongful and oppressive. The defendant shall
recover damages at the discretion of the jury. As added by P.L.1-1998, SEC.20.
IC 34-25-2-24 Actions in name of state
Sec. 24. In all actions in the name of the state of Indiana, or of any
person, agent, or officer, for the use of the state, if process is returned
indicating that the defendant was not found, an order of attachment
may be issued and proceedings may be had, as in other cases, without
filing an affidavit or a written undertaking. As added by P.L.1-1998, SEC.20.
IC 34-25-2-25 Order executed and discharged; return
Sec. 25. When an order of attachment is fully executed or
discharged, the sheriff shall return the order to the court, with the
sheriff's proceedings noted upon the order. As added by P.L.1-1998, SEC.20.
IC 34-25-2-1 Attachment of property at or after filing complaint
Sec. 1. (a) At or after the time of filing a complaint, the plaintiff
may have an attachment against the property of the defendant, in the
cases described in subsection (b) and in the manner described in this
chapter.
(b) The plaintiff may attach property when the action is for the
recovery of money and the defendant:
(1) is, or one (1) of several defendants is, a foreign corporation
or a nonresident of Indiana;
(2) is, or one (1) of several defendants is, secretly leaving or has
left Indiana with intent to defraud:
(A) the defendant's creditors;
(B) the state;
(C) a municipal corporation;
(D) a political subdivision; or
(E) a school corporation (as defined in IC 20-18-2-16(c));
(3) is concealed so that a summons cannot be served upon the
defendant;
(4) is removing or about to remove the defendant's property
subject to execution, or a material part of the property, outside
Indiana, not leaving enough behind to satisfy the plaintiff's
claim;
(5) has sold, conveyed, or otherwise disposed of the defendant's
property subject to execution, or permitted the property to be
sold with the fraudulent intent to cheat, hinder, or delay:
(A) the defendant's creditors;
(B) the state;
(C) a municipal corporation;
(D) a political subdivision; or
(E) a school corporation (as defined in IC 20-18-2-16(c)); or
(6) is about to sell, convey, or otherwise dispose of the
defendant's property subject to execution with the fraudulent
intent to cheat, hinder, or delay:
(A) the defendant's creditors;
(B) the state;
(C) a municipal corporation;
(D) a political subdivision; or
(E) a school corporation (as defined in IC 20-18-2-16(c)).
(c) The plaintiff is entitled to an attachment for the causes
mentioned in subsection (b)(2), (b)(4), (b)(5), and (b)(6) whether the
cause of action is due or not. As added by P.L.1-1998, SEC.20. Amended by P.L.176-2009,
SEC.22.
IC 34-25-2-2 Attachment barred while debtor's spouse and family reside within
county; limitation on debtor's absence
Sec. 2. (a) Except as provided in subsection (b), an attachment,
may not issue against any debtor while the debtor's spouse and
family remain settled within the county where the debtor usually
resided before the debtor's absence, if the debtor does not remain
absent from Indiana more than one (1) year.
(b) This section does not apply if:
(1) the attachment is requested in a cause of action described in
section 1(b)(4), 1(b)(5), or 1(b)(6) of this chapter; or
(2) an attempt is made to conceal the debtor's absence. As added by P.L.1-1998, SEC.20.
IC 34-25-2-3 Concealment of debtor's absence by spouse or family
Sec. 3. If the spouse or family of the debtor:
(1) refuse or are unable to:
(A) account for the debtor's absence; or
(B) indicate the place where the debtor may be found; or
(2) give a false account of the debtor's absence or place where
the debtor may be found;
the refusal, inability, or false account is considered an attempt to
conceal the debtor's absence for the purposes of this chapter. As added by P.L.1-1998, SEC.20.
IC 34-25-2-4 Plaintiff's affidavit
Sec. 4. The plaintiff or a person representing the plaintiff shall
make an affidavit showing:
(1) the nature of the plaintiff's claim;
(2) that the plaintiff's claim is just;
(3) the amount that the plaintiff ought to recover; and
(4) that one (1) of the grounds for an attachment enumerated in
section 1 of this chapter is present. As added by P.L.1-1998, SEC.20.
IC 34-25-2-5 Plaintiff's undertaking
Sec. 5. Except for actions filed by the attorney general under
IC 5-11-5-1 or IC 5-11-6-1, the plaintiff or a person representing the
plaintiff shall execute a written undertaking, with sufficient surety,
to be approved by the clerk, payable to the defendant, to the effect
that the plaintiff will:
(1) duly prosecute the proceeding in attachment; and
(2) pay all damages that may be sustained by the defendant if
the proceedings of the plaintiff are wrongful and oppressive. As added by P.L.1-1998, SEC.20. Amended by P.L.176-2009,
SEC.23.
IC 34-25-2-6 Order of attachment
Sec. 6. Upon the filing of the affidavit and written undertaking in
the office of the clerk, the clerk shall issue an order of attachment,
which shall be directed and delivered to the sheriff. The order of
attachment must require the sheriff to seize and take into possession
the property of the defendant in the county that is not exempt from
execution. As added by P.L.1-1998, SEC.20.
IC 34-25-2-7 Issuance of order to sheriff of other county; orders issued
simultaneously or in succession; recovery of costs
Sec. 7. Orders of attachment may be issued to the sheriff of any
other county, and several orders of attachment may, at the option of
the plaintiff, be issued at the same time or in succession. Only the
costs of orders of attachment that have been executed in whole or in
part shall be recovered against the defendant unless otherwise
directed by the court. As added by P.L.1-1998, SEC.20.
IC 34-25-2-8 Issuance of execution of order on Sunday
Sec. 8. An order of attachment may be issued and executed on
Sunday, if the plaintiff's affidavit shows that the defendant is about
to abscond on that day, to the injury of the plaintiff. As added by P.L.1-1998, SEC.20.
IC 34-25-2-9 Assistance of householder; inventory; appraisement
Sec. 9. The sheriff shall proceed, with the assistance of a
disinterested and credible householder of the county, to:
(1) attach the lands, tenements, goods, and chattels of the
defendant, subject to execution; and
(2) make an inventory and appraisement of the property
described in subdivision (1) and return the inventory and
appraisement with the order. As added by P.L.1-1998, SEC.20.
IC 34-25-2-10 Order becomes lien on property
Sec. 10. An order of attachment binds the defendant's property in
the county subject to execution and becomes a lien on the property
from the time of the delivery of the order to the sheriff, in the same
manner as an execution. As added by P.L.1-1998, SEC.20.
IC 34-25-2-11 Order in which property taken; pursuing property in another
county
Sec. 11. (a) The sheriff shall first take the defendant's personal
property under an attachment.
(b) If the sheriff does not find enough personal property of the
defendant to satisfy the plaintiff's claim and costs of the action, then
the sheriff shall take the defendant's real estate under attachment.
(c) If any property of the defendant is removed from the county
after an order of attachment is placed in the hands of the sheriff, the
sheriff may pursue and attach the property in any county within three
(3) days after the removal. As added by P.L.1-1998, SEC.20.
IC 34-25-2-12 Undertaking by defendant or person having possession of property
Sec. 12. The defendant or other person who has possession of
attached property may have the property, or any part of the property,
delivered to the defendant or person by executing and delivering to
the sheriff a written undertaking, with surety, to be approved by the
sheriff, payable to the plaintiff, to the effect that:
(1) the property shall be:
(A) properly kept and taken care of; and
(B) delivered to the sheriff on demand, or so much of the
property as may be required to be sold on execution to
satisfy any judgment that may be recovered against the
defendant or person in the action; or
(2) the defendant or person will pay the appraised value of the
property, not exceeding the amount of the judgment and costs. As added by P.L.1-1998, SEC.20.
IC 34-25-2-13 Third party's duty to prosecute claim
Sec. 13. Whenever any person other than the defendant claims any
property attached, the right of property may be tried as in cases of
property taken in execution, and the claimant, having notice of the
attachment, shall be bound to prosecute the claim as in such cases or
be barred of the right. As added by P.L.1-1998, SEC.20.
IC 34-25-2-14 Duty of defendant or claimant to give information under oath
Sec. 14. The defendant or claimant of any attached property may
be required by the court to appear and give information, under oath,
respecting the property. As added by P.L.1-1998, SEC.20.
IC 34-25-2-15 Lien on goods attached in hands of consignee
Sec. 15. Goods attached in the hands of a consignee are subject to
a lien for any debt due the consignee from the consignor. As added by P.L.1-1998, SEC.20.
IC 34-25-2-16 Undertaking by defendant; discharge of attachment; restitution of
property
Sec. 16. If the defendant or other person representing the
defendant, at any time before judgment, executes a written
undertaking to the plaintiff with sufficient surety, to be approved by
the court, clerk, or sheriff, to the effect that the defendant will:
(1) appear in the action; and
(2) perform the judgment of the court;
the attachment shall be discharged and restitution made of any
property taken under the attachment or the proceeds of the property. As added by P.L.1-1998, SEC.20.
IC 34-25-2-17 Property that is perishable or expensive to keep; procedure for sale
at public auction
Sec. 17. When attached personal property is perishable in nature
or expensive to keep, the court may direct the sheriff to sell the
property at public auction upon reasonable notice. If the property is
liable to immediate damage, the sheriff may sell the property by
giving ten (10) days notice, without an order of court, and the
proceeds of all sales shall be deposited with the clerk. As added by P.L.1-1998, SEC.20.
IC 34-25-2-18 Allowance of sheriff's expenses of keeping attached property
Sec. 18. The sheriff shall be allowed by the court the necessary
expenses of keeping the attached property, to be paid by the plaintiff
and taxed in the costs. As added by P.L.1-1998, SEC.20.
IC 34-25-2-19 Effect of dismissal by first attaching creditor
Sec. 19. (a) This section applies when the first attaching creditor
dismisses the action or proceedings in attachment.
(b) A dismissal described in subsection (a) does not operate as a
dismissal of the action or proceedings of any subsequent attaching
creditor. As added by P.L.1-1998, SEC.20.
IC 34-25-2-20 Motion for discharge and restitution; undertaking; judgment for
plaintiff
Sec. 20. (a) After appearing in the action, a defendant against
whom an order of attachment has been issued may move to have:
(1) the attachment discharged; and
(2) restitution awarded for any property taken under the
attachment.
(b) An appearance in the action may not operate to discharge the
attachment unless the defendant files a written undertaking as
required in section 16 of this chapter.
(c) If:
(1) the defendant appears in the action;
(2) judgment is rendered in favor of the plaintiff; and
(3) part of the judgment remains unsatisfied after exhausting the
property attached;
the judgment is considered a judgment against the defendant
personally.
(d) A judgment described in subsection (c) has the same force and
effect as other judgments, and execution shall issue on the judgment
accordingly for the collection of the residue.
(e) If the plaintiff's undertaking is insufficient, the plaintiff is
entitled to a reasonable time to file an additional undertaking. As added by P.L.1-1998, SEC.20.
IC 34-25-2-21 Judgment for defendant; appeal
Sec. 21. (a) Except as provided in subsection (b), if the judgment
in the action is rendered for the defendant:
(1) the attachment shall be discharged; and
(2) the attached property or proceeds from the property shall be
returned to the defendant.
(b) If the plaintiff:
(1) serves notice with the clerk or judge within seventy-two (72)
hours that the plaintiff:
(A) intends to appeal from the judgment; and
(B) will file a bond, approved by the court; and
(2) files an appeal, as provided by law, within sixty (60) days
from the date of the judgment;
the attachment or any bond given to release the property or thing
attached shall not be discharged, and the attached property or
proceeds from the property shall not be returned to the defendant
until final disposition of such action. As added by P.L.1-1998, SEC.20.
IC 34-25-2-22 Judgment for plaintiff; execution
Sec. 22. After judgment for the plaintiff or one (1) or more of
several plaintiffs, attached property that remains unsold may be sold
on execution, as in other cases. As added by P.L.1-1998, SEC.20.
IC 34-25-2-23 Action on undertaking; damages
Sec. 23. Every defendant is entitled to an action on the written
undertaking of the plaintiff or creditor by whose proceedings in
attachment the defendant is aggrieved, if it appears that the
proceedings were wrongful and oppressive. The defendant shall
recover damages at the discretion of the jury. As added by P.L.1-1998, SEC.20.
IC 34-25-2-24 Actions in name of state
Sec. 24. In all actions in the name of the state of Indiana, or of any
person, agent, or officer, for the use of the state, if process is returned
indicating that the defendant was not found, an order of attachment
may be issued and proceedings may be had, as in other cases, without
filing an affidavit or a written undertaking. As added by P.L.1-1998, SEC.20.
IC 34-25-2-25 Order executed and discharged; return
Sec. 25. When an order of attachment is fully executed or
discharged, the sheriff shall return the order to the court, with the
sheriff's proceedings noted upon the order. As added by P.L.1-1998, SEC.20.
