CHAPTER 1. EXECUTION OF JUDGMENTS GENERALLY
IC 34-55
ARTICLE 55. EXECUTION OF JUDGMENTS
IC 34-55-1
Chapter 1. Execution of Judgments Generally
IC 34-55-1-1
Enforcement of judgments requiring payments of money or
delivery of real or personal property
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.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-2
Issuance after lapse of ten years
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.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-3
Three kinds of executions
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.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-4
Executions issued to sheriffs
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.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-5
Form of execution
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.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-6
Reference to judgment in execution
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.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-7
Requirements of sheriff in execution
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.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-8
Executions against body; when issued
Sec. 8. An execution against the body shall not be issued while an
execution against the property remains unreturned.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-9
Executions against property; when issued
Sec. 9. An execution against the property shall not be issued while
there is an execution against the body unreturned.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-10
Execution against body or property; issuance to sheriff
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.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-11
Return of execution
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.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-12
Execution against goods and chattels; priorities
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.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-13
Endorsement by sheriff
Sec. 13. The sheriff receiving an execution shall endorse on the
execution the year, month, day, and hour when the sheriff received
the execution.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-14
Executions against principal and surety; principal's property first
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.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-15
Issuance on Sunday
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.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-16
Clerk's endorsement on Sunday service
Sec. 16. The clerk shall endorse on the execution that the
defendants are not privileged from service on Sunday.
As added by P.L.1-1998, SEC.51.
IC 34-55-1-17
Sheriff; death or vacancy in office
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.
As added by P.L.1-1998, SEC.51.