Notice; publication
Sec. 3. (a) This section applies when notice concerning:
(1) an action;
(2) a proceeding;
(3) a sale under execution; or
(4) any other matter
is required by law to be given by publication in a newspaper.
(b) To establish compliance, the person whose duty it was to
cause the publication to be made may file an affidavit in the clerk's
office.
(c) The affidavit described in subsection (b) must:
(1) be attached to a copy of the notice taken from the newspaper
in which the notice was published;
(2) be the affidavit of:
(A) the printer; or
(B) a person who:
(i) is employed by the printer as a clerk or printer; and
(ii) is of competent age; and
(3) specify the county, the time, and the newspaper in which the
notice was published.
As added by P.L.1-1998, SEC.28.
&DNM.IC 34-55
&YENC.
&YAMD.
ARTICLE 55. EXECUTION OF JUDGMENTS
&DNM.IC 34-55-1
&YENC.
&YAMD.
Chapter 1. Execution of Judgments Generally
&DNM.IC 34-55-1-1
&YENC.1998
&YAMD.1998
Enforcement of judgments requiring payments of money or delivery of
real or personal property
IC 34-55-1-1 Sec. 1. When a judgment requires the payment of
money or delivery of real or personal property, the judgment may be
enforced by execution as provided in this chapter. When the judgment
requires the performance of any other act, a certified copy of the
judgment may be served upon:
(1) the party against whom the judgment is given; or
(2) the person or officer who is required by the judgment or by
law to obey the judgment;
and the person's obedience to the judgment may be enforced. If the
person refuses to obey the judgment, the person may be punished by
the court as for contempt.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-1-2
&YENC.1998
&YAMD.1998
Issuance after lapse of ten years
IC 34-55-1-2 Sec. 2. (a) After the lapse of ten (10) years after:
(1) the entry of judgment; or
(2) issuing of an execution;
an execution can be issued only on leave of court, upon motion, after
ten (10) days personal notice to the adverse party, unless the adverse
party is absent or a nonresident, or cannot be found.
(b) When an execution is issued on leave of court under subsection
(a), service of notice may be made by publication, as in an original
action, or in a manner as the court directs. Leave shall not be given
unless it is established by the oath of the party or other satisfactory
proof that the judgment or part of the judgment remains unsatisfied and
due.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-1-3
&YENC.1998
&YAMD.1998
Three kinds of executions
IC 34-55-1-3 Sec. 3. There are three (3) kinds of executions:
(1) Execution against the property of the judgment debtor.
(2) Execution against the person of the judgment debtor.
(3) Execution for the delivery of the possession of real or personal
property, or such delivery with damages for withholding real or
personal property.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-1-4
&YENC.1998
&YAMD.1998
Executions issued to sheriffs
IC 34-55-1-4 Sec. 4. Executions may be issued to the sheriffs of
different counties at the same time. However, the plaintiff shall pay the
costs upon all executions not necessary to the collection of the
plaintiff's judgment.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-1-5
&YENC.1998
&YAMD.1998
Form of execution
IC 34-55-1-5 Sec. 5. The execution must:
(1) issue in the name of the state;
(2) be directed to the sheriff of the county;
(3) be sealed with the seal of the court; and
(4) attested by the clerk of the court.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-1-6
&YENC.1998
&YAMD.1998
Reference to judgment in execution
IC 34-55-1-6 Sec. 6. The execution must intelligibly refer to the
judgment, stating:
(1) the court where and the time when rendered;
(2) the names of the parties;
(3) the amount, if the judgment is for money; and
(4) the amount actually due on the judgment.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-1-7
&YENC.1998
&YAMD.1998
Requirements of sheriff in execution
IC 34-55-1-7 Sec. 7. The execution must require the sheriff to do the
following:
(1) If the execution is against the property of the judgment debtor,
the execution must require the sheriff to satisfy the judgment out
of the property of the debtor, subject to execution.
(2) If the execution is against real or personal property in the
hands of personal representatives, heirs, devisees, legatees,
tenants of real property, or trustees, the execution must require the
sheriff to satisfy the judgment out of that property.
(3) If the execution is against the body of the judgment debtor, the
execution must require the sheriff to arrest the debtor and commit
the debtor to the jail of the county until the debtor pays the
judgment or is discharged according to law.
(4) If the execution is for the delivery of the possession of real or
personal property, the execution:
(A) must require the sheriff to deliver the possession of the
property, particularly describing the property to the party
entitled to the property; and
(B) may at the same time require the sheriff to satisfy any
costs, damages, rents, or profits recovered by the judgment out
of the property of the party against whom the judgment was
rendered, subject to execution.
The value of the property for which the judgment was recovered
must be specified in the execution if a delivery cannot be made,
and shall, in that respect, be considered an execution against
property.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-1-8
&YENC.1998
&YAMD.1998
Executions against body; when issued
IC 34-55-1-8 Sec. 8. An execution against the body shall not be
issued while an execution against the property remains unreturned.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-1-9
&YENC.1998
&YAMD.1998
Executions against property; when issued
IC 34-55-1-9 Sec. 9. An execution against the property shall not be
issued while there is an execution against the body unreturned.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-1-10
&YENC.1998
&YAMD.1998
Execution against body or property; issuance to sheriff
IC 34-55-1-10 Sec. 10. (a) When the execution is against the
property or body of the judgment debtor, the execution may be issued
to the sheriff of any county in Indiana.
(b) When the execution requires the delivery of real or personal
property, the execution must be issued to the sheriff of the county
where the property or part of the property is located.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-1-11
&YENC.1998
&YAMD.1998
Return of execution
IC 34-55-1-11 Sec. 11. (a) Except as provided in subsection (b), the
execution shall be returned not later than ninety (90) days after the date
of the execution.
(b) The judgment creditor, at the time of filing praecipe for
execution, may designate any other time less than ninety (90) days for
the return of the execution. In that case, the execution shall be returned
within the time fixed by the judgment creditor.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-1-12
&YENC.1998
&YAMD.1998
Execution against goods and chattels; priorities
IC 34-55-1-12 Sec. 12. (a) When an execution against the property
of any person is delivered to an officer to be executed, the goods and
chattels of the person within the jurisdiction of the officer is bound
from the time of the delivery.
(b) If there are several executions against the same defendant in the
hands of different officers, that execution, without regard to the time of
its delivery under which the first levy is made, has the preference, and
all liens created by the prior delivery of any other execution are
divested in favor of the execution first levied.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-1-13
&YENC.1998
&YAMD.1998
Endorsement by sheriff
IC 34-55-1-13 Sec. 13. The sheriff receiving an execution shall
endorse on the execution the year, month, day, and hour when the
sheriff received the execution.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-1-14
&YENC.1998
&YAMD.1998
Executions against principal and surety; principal's property first
IC 34-55-1-14 Sec. 14. If it appears upon the face of an execution
or by the endorsement of the clerk that of those persons against whom
the execution is issued, any one (1) person is surety for another, the
property of the principal shall be first sold, unless the surety directs
otherwise.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-1-15
&YENC.1998
&YAMD.1998
Issuance on Sunday
IC 34-55-1-15 Sec. 15. An execution may be issued and executed on
Sunday whenever an affidavit is filed by the plaintiff or another person
on the plaintiff's behalf, stating that the plaintiff has reason to fear and
believe that the plaintiff will lose the judgment unless process is issued
on Sunday.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-1-16
&YENC.1998
&YAMD.1998
Clerk's endorsement on Sunday service
IC 34-55-1-16 Sec. 16. The clerk shall endorse on the execution that
the defendants are not privileged from service on Sunday.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
&DNM.IC 34-55-1-17
&YENC.1998
&YAMD.1998
Sheriff; death or vacancy in office
IC 34-55-1-17 Sec. 17. If the sheriff dies or leaves office before the
return of an execution, the sheriff's successor or other officer
authorized to discharge the duties of the office shall proceed in the
same manner that the sheriff should have done.
&HST.As added by P.L.1-1998, SEC.51.&EHST.
Last modified: May 24, 2006