Action in replevin against officer; procedure
Sec. 26. (a) If:
(1) any officer, by virtue of any writ of attachment or execution
lawfully issued to the officer, attaches or levies upon any
personal property as the property of the attachment or execution
defendant; and
(2) any other person, firm, limited liability company, or
corporation brings an action in replevin against the officer for
the possession of any part of the property attached or levied
upon;
as soon as process is served upon the officer, the officer may notify
the attachment or execution plaintiff, if a resident of the officer's
county, and if not a resident of the officer's county, then the attorney
of the plaintiff, in writing, of the replevin suit, giving a general
description of the property claimed by the replevin plaintiff in the
suit, and may demand of the attachment or execution plaintiff a bond
to indemnify the officer against any loss for attorney's fees incurred
in the defense of the replevin suit and payment of any judgment for
damages and costs.
(b) Upon failure of the attachment or execution plaintiff to
execute the bond to the officer within five (5) days after the time of
service of the notice described in subsection (a) with good and
sufficient surety, the officer may deliver up any part of the property
sued for in the replevin suit to the replevin plaintiff.
(c) If the bond demanded under subsection (a) is not given and the
officer delivers the property to the replevin plaintiff, the attachment
or execution plaintiff is estopped from maintaining any action
whatever against the officer for the value of the property delivered
up or for damages for failing to make any defense in the replevin
suit. However, if the action in replevin is pending in the circuit court,
the bond shall be approved by the clerk of the circuit court.
As added by P.L.2-2002, SEC.20.
Last modified: May 24, 2006