§ 34-55-1-7 Requirements of sheriff in execution

Codes > Indiana Code > Title 34 > Article 55 : Chapter 1 > 34-55-1-7 Requirements

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.