Property seized by sheriff or coroner; required written notice; fees
Sec. 5. (a) This section applies when a sheriff or coroner of a
county in Indiana:
(1) seizes upon real estate or an interest in real estate by virtue
of a writ of attachment; or
(2) levies upon real estate or an interest in real estate by virtue
of an execution issued to the sheriff or coroner from any court
other than the court of the county in which the sheriff or
coroner resides.
(b) At the time of the seizure or levy, the sheriff or coroner shall
file with the clerk of the circuit court of the county a written notice
setting forth:
(1) the names of the parties to the proceedings upon which the
writ of attachment or execution is founded; and
(2) a description of the land seized or levied upon.
The notice shall be recorded, as provided for in section 4 of this
chapter.
(c) The sheriff or coroner shall state, in the return to the
attachment or execution, that notice has been filed. The sheriff or
coroner is allowed a fee of fifty cents ($0.50) to be taxed as costs for
making and filing the notice. However, the sheriff or coroner is not
required to file the notice until the attachment or execution plaintiff
provides the money to pay the clerk for filing and recording the
notice.
As added by P.L.2-2002, SEC.15.
Last modified: May 24, 2006