Continuances
Sec. 6. The court in which an action is brought may order
continuances that are reasonable to afford the defendant opportunity
to defend the action.
As added by P.L.1-1998, SEC.29.
&DNM.IC 34-7-3
&YENC.
&YAMD.
Chapter 3. Construction of Statutes
&DNM.IC 34-7-3-1
&YENC.1998
&YAMD.1998
Liberal construction
IC 34-7-3-1 Sec. 1. This title shall be liberally construed and shall
not be limited by any rules of strict construction.
&HST.As added by P.L.1-1998, SEC.2.&EHST.
&DNM.IC 34-55-3
&YENC.
&YAMD.
Chapter 3. Levy of Execution
&DNM.IC 34-55-3-1
&YENC.1998
&YAMD.1998
Service by sheriff and offer to sell
IC 34-55-3-1 Sec. 1. When an execution against the property of any
person is issued to the sheriff, the sheriff shall:
(1) serve the execution upon the defendants in the county and levy
the execution, if not paid, upon property; and
(2) make at least one (1) offer to sell property levied upon within
sixty (60) days after the execution comes to the sheriff, if property
can be found, unless otherwise directed by the plaintiff or the
plaintiff's agents.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-3-2
&YENC.1998
&YAMD.1998
Currency and bank notes
IC 34-55-3-2 Sec. 2. Current coin and lawful money, and bank notes
the plaintiff is willing to receive as money, may be levied upon and
returned on execution, without sale, as so much money collected.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-3-3
&YENC.1998
&YAMD.1998
Bills, notes, drafts, and checks
IC 34-55-3-3 Sec. 3. Bills, notes, drafts, checks, or other evidences
of debt, issued by any monied corporation or bank, or by Indiana or the
United States, and circulating as money, may be levied upon as
personal property and sold on execution.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-3-4
&YENC.1998
&YAMD.1998
Goods and chattels pledged, assigned, or mortgaged
IC 34-55-3-4 Sec. 4. Goods and chattels pledged, assigned, or
mortgaged as security for any debt or contract may be levied upon and
sold on execution against the person making the pledge, assignment, or
mortgage. The purchaser is entitled to the possession upon complying
with the conditions of the pledge, assignment, or mortgage.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-3-5
&YENC.1998
&YAMD.1998
Shares of stock
IC 34-55-3-5 Sec. 5. (a) Shares of stock in any corporation or
company may be levied upon and sold in the county where the office
and books, showing the shares of stock and stockholders of the
corporation or company, are kept.
(b) The sheriff shall transfer the stock, subject to the rights of the
corporation or company.
(c) The sheriff is entitled to access to the books of any corporation
or company in the sheriff's county for the purpose of making the levy.
If refused access, the court shall enforce the right.
(d) The shares of stock subject to be levied upon are bound by the
execution from the time of the levy. When the levy is made, the sheriff
shall leave the notice of the levy with the officers of the company. The
levy constitutes a lien upon the stock from the time of the levy.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-3-6
&YENC.1998
&YAMD.1998
Debt or cause of action
IC 34-55-3-6 Sec. 6. Any debt or cause of action, which is
assignable, may be levied upon, when given up by the defendant, and
sold on execution, in the same manner as other personal property.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-3-7
&YENC.1998
&YAMD.1998
Debt or thing in action; assignment and delivery to purchaser
IC 34-55-3-7 Sec. 7. The sheriff making the sale of any debt or thing
in action shall assign and deliver the debt or thing in action to the
purchaser. The assignment has the same effect as if made by the
execution defendant at the time of making the levy.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-3-8
&YENC.1998
&YAMD.1998
Actions involving assignments; pleading
IC 34-55-3-8 Sec. 8. In any action in which the assignment is
declared upon or stated, it is not necessary to plead or prove any
judgment or execution, by virtue of which the sale was made, nor to
prove the execution of the assignment, unless the assignment is denied
under oath.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-3-9
&YENC.1998
&YAMD.1998
Designated and undesignated property
IC 34-55-3-9 Sec. 9. (a) When an execution issues against the real
or personal property of any person, the sheriff shall levy the execution,
first upon that part of the property designated by the person, if there is
no reasonable doubt that the person is the owner of the property and if
designated in time to enable the sheriff to levy and sell without
unnecessary delay.
(b) If no property is designated as described in subsection (a), the
sheriff shall levy the execution upon any property of the debtor that can
be found, subject to execution.
(c) If the designated property is insufficient to satisfy the execution,
the sheriff shall levy the execution upon other property, subject to
execution, as can be most readily found, sufficient, in addition to the
property designated, to satisfy the execution.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-3-10
&YENC.1998
&YAMD.1998
Personalty and real estate; order of levy and sale
IC 34-55-3-10 Sec. 10. In all cases where the personal estate of the
debtor, subject to execution, is insufficient to satisfy the execution, the
real estate is exempt from levy and sale until the personal estate is
levied upon and sold, unless the debtor directs otherwise. The principal
messuage, lands, or tenements of the debtor, or upon which the debtor
may reside, shall not be levied upon unless other property cannot be
found sufficient to satisfy the execution in the hands of the sheriff.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
Last modified: May 24, 2006