Sec. 8. (a) Before the hearing on the order to show cause or before final judgment, and within the time fixed in the order of possession, the defendant may require the return of possession of the property by filing with the court a written undertaking executed by a surety to be approved by the court stating that the defendant is bound in an amount determined by the court sufficient to assure the payment of costs assessed against the defendant for the wrongful detention of the property.
(b) If a defendant files an undertaking under this section, the defendant shall:
(1) serve a notice of filing the undertaking on the executing officer and the plaintiff or the plaintiff's attorney; and
(2) file with the court proof of service of the notice of filing the undertaking.
(c) If a defendant files an undertaking before the hearing on the order to show cause, the court shall terminate the hearing unless the plaintiff takes exception to the surety.
(d) If the property is in the possession of the executing officer when the defendant files the undertaking, the court shall return possession of the property to the defendant not more than five (5) days after service of notice of the filing of the undertaking on the plaintiff or the plaintiff's attorney.
[Pre-2002 Recodification Citation: 32-6-1.5-8.]
As added by P.L.2-2002, SEC.15.
Structure Indiana Code
Article 30. Causes of Action Concerning Real Property
Chapter 3. Ejectment and Quiet Title
32-30-3-1. Action for Ejectment or Recovery of Possession of Real Estate; Plaintiff's Affidavit
32-30-3-2. Order to Appear; Order to Show Cause; Requirements
32-30-3-3. Preliminary Order for Possession; Required Findings
32-30-3-6. Order of Possession; Prerequisites
32-30-3-7. Order of Possession; Requirements
32-30-3-9. Order of Possession; Delivery; Service
32-30-3-10. Removal of Occupants Within 48 Hours Service
32-30-3-11. Executing Officer's Return of Order of Possession
32-30-3-12. Final Judgment Supersedes Prior Orders
32-30-3-13. Actions in Plaintiff's Own Name
32-30-3-15. Statutory Construction
32-30-3-16. Action to Quiet Title; Service
32-30-3-17. Entry of Orders and Decrees in Civil Order Book; Quiet Title Record; Index Requirements
32-30-3-19. Procedure to Claim Title From Nonresident Presumed Dead
32-30-3-20. Action to Quiet Title of Real Estate Exempt From Sale on Execution