Acts or omissions; liability
Sec. 2. This chapter does not apply to a person:
(1) whose act or omission caused in whole or in part the
emergency and who would otherwise be liable for the
emergency;
(2) whose act or omission constituted gross negligence or
willful or wanton misconduct; or
(3) who receives payment, or is an employee of a person who
receives payment, for services rendered in connection with the
emergency, from a person whose act or omission caused in
whole or in part the emergency. Payment does not include
reimbursement for expenses.
As added by P.L.1-1998, SEC.26.
&DNM.IC 34-55-6
&YENC.
&YAMD.
Chapter 6. Sale of Property on Execution
&DNM.IC 34-55-6-1
&YENC.1998
&YAMD.1998
Real estate; rents and profits to be first offered for sale
IC 34-55-6-1 Sec. 1. The estate or interest of the judgment debtor in
any real estate shall not be sold on execution until the rents and profits
of the real estate has been first offered for sale at public auction for a
period not exceeding seven (7) years. However, if the real estate does
not sell for a sum sufficient to satisfy the execution, the estate or
interest of the judgment debtor shall be sold by virtue of the execution.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-6-2
&YENC.1998
&YAMD.1998
Manner of sale
IC 34-55-6-2 Sec. 2. A sheriff shall sell property on execution in a
manner that is reasonably likely to bring the highest net proceeds from
the sale after deducting the expenses of the offer to sell and sale.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-6-3
&YENC.1998
&YAMD.1998
Auctions
IC 34-55-6-3 Sec. 3. Upon prior petition of the debtor or any
creditor involved in the execution proceedings, the court in its order of
execution shall order the property sold by the sheriff through the
services of an auctioneer if the court determines that:
(1) a sale is economically feasible; or
(2) all the creditors in the proceedings agree to both that method
of sale and the compensation to be paid the auctioneer.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-6-4
&YENC.1998
&YAMD.1998
Auctioneer's conduct; advertising
IC 34-55-6-4 Sec. 4. An auctioneer engaged by a sheriff under this
chapter shall conduct the auctioneer's activities as appropriate to bring
the highest bid for the property on execution. The advertising
conducted by the auctioneer is in addition to any other notice required
by law.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-6-5
&YENC.1998
&YAMD.1998
Auctioneer's fee and expenses
IC 34-55-6-5 Sec. 5. (a) The auctioneer's fee shall be a reasonable
amount stated in the court's order. However, if the sale by use of an
auctioneer has not been agreed to by the creditors in the proceedings
and the sale price is less than the amount set out in section 3 of this
chapter, the auctioneer is entitled only to the auctioneer's advertising
expenses plus one hundred dollars ($100).
(b) The amount due the auctioneer for the auctioneer's expenses and
fee, if any, shall be paid as a cost of the sale from the sale proceeds
before the payment of any other payment from the sale proceeds.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-6-6
&YENC.1998
&YAMD.1998
Rents and profits; sale and appraisal
IC 34-55-6-6 Sec. 6. Rents and profits may be sold as other
property, the appraisers setting down the value of each year separately.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-6-7
&YENC.1998
&YAMD.1998
Rents and profits; maximum term of lease
IC 34-55-6-7 Sec. 7. If rents and profits are sold under section 6 of
this chapter (or IC 34-1-39-2 before its repeal), only the number of
years of rents and profits not exceeding seven (7) years shall be sold as
will satisfy the execution, and no more. The sheriff shall execute a
lease to the purchaser for the term sold.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-6-8
&YENC.1998
&YAMD.1998
Real estate; sale at public auction
IC 34-55-6-8 Sec. 8. (a) Real estate, including chattels real, taken by
virtue of an execution, shall be sold at public auction at:
(1) the courthouse of the county in which the real estate is
located; or
(2) another location that is reasonably likely to draw higher bids
for the real property.
(b) If the estate consists of several lots, tracts, and parcels, each lot,
tract, or parcel shall be offered for sale separately. No more of any real
estate shall be offered for sale than is necessary to satisfy the execution,
unless the real estate is not susceptible of division.
(c) When real estate which is not susceptible of division is ordered
to be sold on any decree or judgment, and the real estate is traversed by
the line between two (2) counties, the real estate may be advertised and
sold in either county.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-6-9
&YENC.1998
&YAMD.1998
Real estate; notice requirements for sale
IC 34-55-6-9 Sec. 9. (a) A sale of real estate, on execution, shall be
advertised by the sheriff for at least twenty (20) days successively, next
before the day of sale, by:
(1) posting written or printed notices of the sale in three (3) public
places in the township in which the real estate is located;
(2) posting a like advertisement at the door of the courthouse of
the county; and
(3) advertising the sale for three (3) weeks successively in a
newspaper:
(A) of general circulation;
(B) printed in the English language; and
(C) published in the county where the real estate is located.
(b) However, if the sheriff is not able to procure the publication of
the notice in a newspaper of general circulation, published within the
sheriff's county, the sheriff may dispense with the publication of the
notice. The land may be sold without the required publication, but the
sheriff shall, in the sheriff's return of the writ, state the sheriff's inability
to procure the publication. The return has the same effect in evidence
as the official returns of sheriffs in other cases.
(c) In a notice under this section, the sheriff must include the
following:
(1) A statement of the date, time, and place of the sale.
(2) A description of the location of the property that includes, for
informational purposes only, the location of each property by
street address, if any, or other common description of the property
other than legal description. However, a misstatement in the
informational statement under this subdivision does not invalidate
an otherwise valid sale.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-6-10
&YENC.1998
&YAMD.1998
Personal property; notice requirements for sale
IC 34-55-6-10 Sec. 10. Previous notice of the time and place of the
sale of any personal property on execution shall be given for ten (10)
days successively by posting written notices of the sale in at least three
(3) of the most public places in the township where the sale is to be
made.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-6-11
&YENC.1998
&YAMD.1998
Personal property; sale at public auction
IC 34-55-6-11 Sec. 11. (a) Personal property shall not be sold unless
the personal property is present and subject to the view of those
persons attending the sale.
(b) Personal property shall be sold at public auction, in such lots and
parcels as calculated to bring the highest price.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-6-12
&YENC.1998
&YAMD.1998
Insufficient levy; further levy and sale
IC 34-55-6-12 Sec. 12. If the property levied on does not sell for a
sum sufficient to satisfy the execution, the sheriff shall:
(1) make a further and sufficient levy, if sufficient property can be
found;
(2) proceed as upon the first levy; and
(3) return the sheriff's actions on the further levy.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-6-13
&YENC.1998
&YAMD.1998
Unsatisfied execution; issuance of new execution
IC 34-55-6-13 Sec. 13. The clerk, upon the return of an execution
unsatisfied, shall issue another execution upon the judgment, and
endorse on the execution the amount of money, if any, levied by the
former execution.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-6-14
&YENC.1998
&YAMD.1998
Real estate; sheriff's deed
IC 34-55-6-14 Sec. 14. (a) Upon the sale of real estate, by virtue of
an execution, and the payment of the purchase money, the sheriff
making the sale (or in case of the sheriff's death or going out of office,
the sheriff's successor) or any officer authorized to discharge the duties
of the office shall execute and deliver to the purchaser a deed of
conveyance for the premises.
(b) A deed of conveyance delivered under subsection (a) is valid
and effectual to convey all the right, title, and interest of the execution
debtor to the purchaser, except any right of redemption, as provided by
law.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-6-15
&YENC.1998
&YAMD.1998
Real estate; conveyance of land to heirs or devisees of deceased
purchaser
IC 34-55-6-15 Sec. 15. If the purchaser of real estate upon
execution, who has paid the purchase money for the real estate, dies
before a deed of conveyance is executed to the purchaser, the sheriff
shall convey the real estate to the heirs or devisees of the deceased
person.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-6-16
&YENC.1998
&YAMD.1998
Procedural violations by sheriff; penalties
IC 34-55-6-16 Sec. 16. (a) A sheriff who:
(1) sells any real estate without giving the previous notice
required by this chapter (or IC 34-1-39 before its repeal); or
(2) sells the real estate otherwise than in the manner prescribed by
this chapter;
shall forfeit and pay to the injured party not less than ten dollars ($10)
nor more than two hundred dollars ($200) in addition to other damages
the party may have sustained.
(b) Damages under subsection (a) may be recovered from the sheriff
or from the sheriff and the sheriff's sureties in an action on the sheriff's
official bond.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-6-17
&YENC.1998
&YAMD.1998
Purchase of property by sheriff or deputies; sale void
IC 34-55-6-17 Sec. 17. If a sheriff or the sheriff's agent making sale
of property on execution directly or indirectly purchases the property,
the sale is void.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-6-18
&YENC.1998
&YAMD.1998
Failure of purchaser to pay for property; damages
IC 34-55-6-18 Sec. 18. Whenever the purchaser of property sold on
execution fails or refuses to pay the purchase money, the purchaser is
liable, on motion made by the sheriff or the execution plaintiff or
defendant in the proper court on five (5) days notice, to a judgment for
the amount of:
(1) the purchase money;
(2) damages not exceeding ten percent (10%);
(3) interest; and
(4) costs.
No stay of execution shall be allowed upon the judgment.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-6-19
&YENC.1998
&YAMD.1998
Failure of purchaser to pay for property; resale of property; damages
IC 34-55-6-19 Sec. 19. (a) As an alternative to the procedure set
forth in section 18 of this chapter, the sheriff may reexpose and sell the
property on the same or any subsequent day according to law. If the
amount bid at the second sale does not equal the amount bid at the first
sale and the costs of the second sale, the first purchaser is liable for:
(1) the deficiency;
(2) damages not exceeding ten percent (10%);
(3) interest; and
(4) costs;
to be recovered by a like notice and motion as provided in section 18
of this chapter.
(b) If the sheriff sells on a subsequent day, the sheriff shall
readvertise as in other cases.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-6-20
&YENC.1998
&YAMD.1998
Limitation on use of mail
IC 34-55-6-20 Sec. 20. When an execution is issued to any county
other than the county in which the judgment is rendered, return may be
made by mail. However, money may not be sent by mail, except by the
direction of the party entitled to the money or that party's attorney.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-6-21
&YENC.1998
&YAMD.1998
Surplus of execution sale; disposition
IC 34-55-6-21 Sec. 21. When property is sold on execution for more
than will satisfy the execution, including interest and costs, the sheriff
shall pay the overplus to the execution debtor on whom it was levied,
or to the execution debtor's assigns, unless the execution debtor is
notified of the existence of liens to the payment of which the overplus
should be applied. In that event, the execution debtor shall return the
money, which is to be disposed of as the court directs.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
Last modified: May 24, 2006