Indiana Code - Civil Law and Procedure - Title 34, Section 34-54-2-3
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Indiana Law > Civil Law and Procedure > Indiana Code - Civil Law and Procedure - Title 34, Section 34-54-2-3
Confession of judgment by power of attorney; procedure Sec. 3. Whenever a confession of judgment is made by power of
attorney or otherwise, the party confessing shall, at the time the party
confessing executes the power of attorney or confesses judgment,
make affidavit stating that:
(1) the debt is just and owing; and
(2) the confession is not made for the purpose of defrauding the
person's creditors. The affidavit shall be filed with the court. As added by P.L.1-1998, SEC.50. &DNM.IC 34-55-2
&YENC.
&YAMD. Chapter 2. Stay of Execution &DNM.IC 34-55-2-1
&YENC.1998
&YAMD.1998
Bail for stay of executions; entry on record IC 34-55-2-1 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.
&HST.As added by P.L.1-1998, SEC.51.&EHST. &DNM.IC 34-55-2-2
&YENC.1998
&YAMD.1998
Return of execution upon entry of bail IC 34-55-2-2 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.
&HST.As added by P.L.1-1998, SEC.51.&EHST. &DNM.IC 34-55-2-3
&YENC.1998
&YAMD.1998
Execution issued for want of bail; clerk's endorsement IC 34-55-2-3 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.
&HST.As added by P.L.1-1998, SEC.51.&EHST. &DNM.IC 34-55-2-4
&YENC.1998
&YAMD.1998
Stay of execution for remainder of term IC 34-55-2-4 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.
&HST.As added by P.L.1-1998, SEC.51.&EHST. &DNM.IC 34-55-2-5
&YENC.1998
&YAMD.1998 Return of execution by sheriff; copy of recognizance on execution
docket IC 34-55-2-5 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.
&HST.As added by P.L.1-1998, SEC.51.&EHST. &DNM.IC 34-55-2-6
&YENC.1998
&YAMD.1998
Relinquishment of property levied before stay of execution IC 34-55-2-6 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.
&HST.As added by P.L.1-1998, SEC.51.&EHST. &DNM.IC 34-55-2-7
&YENC.1998
&YAMD.1998
Recognizance of bail; effect of judgment confessed IC 34-55-2-7 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.
&HST.As added by P.L.1-1998, SEC.51.&EHST. &DNM.IC 34-55-2-8
&YENC.1998
&YAMD.1998
Praecipe and fee bill IC 34-55-2-8 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.
&HST.As added by P.L.1-1998, SEC.51.&EHST. &DNM.IC 34-55-2-9
&YENC.1998
&YAMD.1998
Joint executions IC 34-55-2-9 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.
&HST.As added by P.L.1-1998, SEC.51.&EHST. &DNM.IC 34-55-2-10
&YENC.1998
&YAMD.1998
When stays not allowed IC 34-55-2-10 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.
&HST.As added by P.L.1-1998, SEC.51.&EHST. &DNM.IC 34-55-2-11
&YENC.1998
&YAMD.1998
Sureties' objections to stay IC 34-55-2-11 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.
&HST.As added by P.L.1-1998, SEC.51.&EHST. &DNM.IC 34-55-2-12
&YENC.1998
&YAMD.1998
Surety for stay; request for immediate execution IC 34-55-2-12 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.
&HST.As added by P.L.1-1998, SEC.51.&EHST. &DNM.IC 34-55-2-13
&YENC.1998
&YAMD.1998
Entry of other bail; effect IC 34-55-2-13 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.
&HST.As added by P.L.1-1998, SEC.51.&EHST. &DNM.IC 34-56-2
&YENC.
&YAMD. Chapter 2. Appeal Bonds in Circuit Courts &DNM.IC 34-56-2-1
&YENC.1998
&YAMD.1998
Defective appeal bond IC 34-56-2-1 Sec. 1. This chapter applies to all cases in which:
(1) an appeal is taken from:
(A) a board of county commissioners, viewers, or
commissioners to assess damages; or
(B) any other person or tribunal;
to the circuit court; and
(2) the appeal bond filed in the case is defective:
(A) in substance or form; or
(B) for want of proper approval.
&HST.As added by P.L.1-1998, SEC.52.&EHST. &DNM.IC 34-56-2-2
&YENC.1998
&YAMD.1998
Effect of defective appeal bond IC 34-56-2-2 Sec. 2. The circuit court shall not dismiss a case on
account of the defect or informality of the appeal bond if the appellant,
when required by the court to which the appeal is taken, files in the
court a sufficient bond, with surety to the acceptance of the court, in the
sum required by the court.
&HST.As added by P.L.1-1998, SEC.52.&EHST. &DNM.IC 34-56-2-3
&YENC.1998
&YAMD.1998
Additional bond requirement IC 34-56-2-3 Sec. 3. In all appealed cases described in section 1 of
this chapter, when costs have accrued so as to render the sum named
in the appeal bond insufficient to secure the costs, the court in which
the appeal is pending shall require the appellant to give an additional
bond in such sum as the court considers sufficient, with surety to the
acceptance of the court. If the appellant fails or refuses to comply with
this section, the court shall dismiss the appeal.
&HST.As added by P.L.1-1998, SEC.52.&EHST.
Last modified: May 25, 2006
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