Return of possession to defendant; period for return; required
surety; notice; proof of service
Sec. 8. (a) Before the hearing on the order to show cause or before
final judgment, and within the time fixed in the order of possession,
the defendant may require the return of possession of the property by
filing with the court a written undertaking executed by a surety to be
approved by the court stating that the defendant is bound in an
amount determined by the court sufficient to assure the payment of
costs assessed against the defendant for the wrongful detention of the
property.
(b) If a defendant files an undertaking under this section, the
defendant shall:
(1) serve a notice of filing the undertaking on the executing
officer and the plaintiff or the plaintiff's attorney; and
(2) file with the court proof of service of the notice of filing the
undertaking.
(c) If a defendant files an undertaking before the hearing on the
order to show cause, the court shall terminate the hearing unless the
plaintiff takes exception to the surety.
(d) If the property is in the possession of the executing officer
when the defendant files the undertaking, the court shall return
possession of the property to the defendant not more than five (5)
days after service of notice of the filing of the undertaking on the
plaintiff or the plaintiff's attorney.
As added by P.L.2-2002, SEC.15.
Last modified: May 24, 2006