§ 34-55-1-2 Issuance after lapse of ten years

Codes > Indiana Code > Title 34 > Article 55 : Chapter 1 > 34-55-1-2 Issuance

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.