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 approved
by the clerk and the recognizance entered of record at any time
before the stay of execution expires. The undertaking in the
recognizance is for the payment of the judgment, interest, and costs
that may accrue at or before the expiration of the stay of execution.
The recognizance shall be written immediately following the entry
of 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 clerk
shall immediately notify the sheriff of the stay of execution. The
sheriff shall immediately return the execution, noting the sheriff's
actions 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 of
execution 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, the
defendant may have a stay of execution for the remainder of the term
of 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 execution
docket
Sec. 5. The sheriff, having taken the bail, shall immediately return
the execution, with the sheriff's actions noted on the execution to the
clerk's office. The clerk shall copy the recognizance in the execution
docket. 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 to
the sheriff;
shall be relinquished by the officer upon bail for the stay of
execution 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 this
chapter, has the effect of a judgment confessed, from the date of the
recognizance, 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 on
the 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 by
the 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's
own 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 joint
execution against the property of all the judgment debtors and
replevin bail. The sheriff shall first levy upon the property of the
judgment defendants, if sufficient property can be found. If not, the
sheriff shall, without delay, levy the execution upon the property of
the bail. However, no property of the bail shall be sold while
property 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 judgment
recovered against any officer, person, or corporation, or the sureties
of an officer, person, or corporation, for money received in a
fiduciary capacity, or for a breach of any official duty.
(b) The clerk shall immediately issue executions upon judgments
described in subsection (a), returnable in ninety (90) days, and
endorsed "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 more
persons, any of whom are sureties for any other or others in the
contract on which the judgment is founded, there shall be no stay of
execution on the judgment if the sureties object at the time of
rendering the judgment. It shall be so ordered by the court unless
surety for the stay of execution will undertake specially to pay the
judgment, in case the amount of the judgment cannot be levied of the
principal 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 clerk
an affidavit, stating that the surety truly believes that the surety will
be liable for the judgment, interest, and costs unless execution issues
immediately. The clerk shall immediately issue execution unless
other sufficient bail is entered before the clerk or sheriff as in other
cases. 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 force
of the original bail entered before the filing of the affidavit and shall
discharge the original bail. As added by P.L.1-1998, SEC.51.
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 approved
by the clerk and the recognizance entered of record at any time
before the stay of execution expires. The undertaking in the
recognizance is for the payment of the judgment, interest, and costs
that may accrue at or before the expiration of the stay of execution.
The recognizance shall be written immediately following the entry
of 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 clerk
shall immediately notify the sheriff of the stay of execution. The
sheriff shall immediately return the execution, noting the sheriff's
actions 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 of
execution 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, the
defendant may have a stay of execution for the remainder of the term
of 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 execution
docket
Sec. 5. The sheriff, having taken the bail, shall immediately return
the execution, with the sheriff's actions noted on the execution to the
clerk's office. The clerk shall copy the recognizance in the execution
docket. 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 to
the sheriff;
shall be relinquished by the officer upon bail for the stay of
execution 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 this
chapter, has the effect of a judgment confessed, from the date of the
recognizance, 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 on
the 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 by
the 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's
own 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 joint
execution against the property of all the judgment debtors and
replevin bail. The sheriff shall first levy upon the property of the
judgment defendants, if sufficient property can be found. If not, the
sheriff shall, without delay, levy the execution upon the property of
the bail. However, no property of the bail shall be sold while
property 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 judgment
recovered against any officer, person, or corporation, or the sureties
of an officer, person, or corporation, for money received in a
fiduciary capacity, or for a breach of any official duty.
(b) The clerk shall immediately issue executions upon judgments
described in subsection (a), returnable in ninety (90) days, and
endorsed "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 more
persons, any of whom are sureties for any other or others in the
contract on which the judgment is founded, there shall be no stay of
execution on the judgment if the sureties object at the time of
rendering the judgment. It shall be so ordered by the court unless
surety for the stay of execution will undertake specially to pay the
judgment, in case the amount of the judgment cannot be levied of the
principal 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 clerk
an affidavit, stating that the surety truly believes that the surety will
be liable for the judgment, interest, and costs unless execution issues
immediately. The clerk shall immediately issue execution unless
other sufficient bail is entered before the clerk or sheriff as in other
cases. 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 force
of the original bail entered before the filing of the affidavit and shall
discharge the original bail. As added by P.L.1-1998, SEC.51.
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 approved
by the clerk and the recognizance entered of record at any time
before the stay of execution expires. The undertaking in the
recognizance is for the payment of the judgment, interest, and costs
that may accrue at or before the expiration of the stay of execution.
The recognizance shall be written immediately following the entry
of 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 clerk
shall immediately notify the sheriff of the stay of execution. The
sheriff shall immediately return the execution, noting the sheriff's
actions 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 of
execution 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, the
defendant may have a stay of execution for the remainder of the term
of 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 execution
docket
Sec. 5. The sheriff, having taken the bail, shall immediately return
the execution, with the sheriff's actions noted on the execution to the
clerk's office. The clerk shall copy the recognizance in the execution
docket. 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 to
the sheriff;
shall be relinquished by the officer upon bail for the stay of
execution 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 this
chapter, has the effect of a judgment confessed, from the date of the
recognizance, 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 on
the 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 by
the 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's
own 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 joint
execution against the property of all the judgment debtors and
replevin bail. The sheriff shall first levy upon the property of the
judgment defendants, if sufficient property can be found. If not, the
sheriff shall, without delay, levy the execution upon the property of
the bail. However, no property of the bail shall be sold while
property 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 judgment
recovered against any officer, person, or corporation, or the sureties
of an officer, person, or corporation, for money received in a
fiduciary capacity, or for a breach of any official duty.
(b) The clerk shall immediately issue executions upon judgments
described in subsection (a), returnable in ninety (90) days, and
endorsed "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 more
persons, any of whom are sureties for any other or others in the
contract on which the judgment is founded, there shall be no stay of
execution on the judgment if the sureties object at the time of
rendering the judgment. It shall be so ordered by the court unless
surety for the stay of execution will undertake specially to pay the
judgment, in case the amount of the judgment cannot be levied of the
principal 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 clerk
an affidavit, stating that the surety truly believes that the surety will
be liable for the judgment, interest, and costs unless execution issues
immediately. The clerk shall immediately issue execution unless
other sufficient bail is entered before the clerk or sheriff as in other
cases. 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 force
of the original bail entered before the filing of the affidavit and shall
discharge the original bail. As added by P.L.1-1998, SEC.51.
