Sec. 9. The court may issue an order for possession under this chapter before the hearing if probable cause appears that any of the following subdivisions apply:
(1) The defendant gained possession of the property by theft or criminal conversion.
(2) The property consists of one (1) or more negotiable instruments or credit cards.
(3) By reason of specific, competent evidence shown by testimony within the personal knowledge of an affiant or witness, the property is:
(A) perishable, and will perish before any noticed hearing can be had;
(B) in immediate danger of destruction, serious harm, concealment, removal from Indiana, or sale to an innocent purchaser; or
(C) held by a person who threatens to destroy, harm, or conceal the property, remove the property from Indiana, or sell the property to an innocent purchaser.
[Pre-2002 Recodification Citation: 34-21-4-2.]
As added by P.L.2-2002, SEC.20.
Structure Indiana Code
Article 35. Causes of Action Concerning Personal Property
32-35-2-2. Claim for Immediate Delivery
32-35-2-4. Contents of Affidavit
32-35-2-5. Issuance of Show Cause Order
32-35-2-6. Date, Time, and Place for Hearing
32-35-2-7. Notice to Defendant
32-35-2-8. Order for Possession After Examining Pleadings and Evidence
32-35-2-9. Order for Possession Before Hearing; Grounds
32-35-2-10. Order for Possession Without Notice; Grounds
32-35-2-11. Application to Shorten Time for Show Cause Hearing
32-35-2-12. Sheriff or Other Executing Officer to Hold Property
32-35-2-13. Issuance of Preliminary Order and Temporary Restraining Order
32-35-2-14. Hearing on Preliminary Order
32-35-2-15. Prejudgment Order of Possession
32-35-2-16. Appointment of Receiver
32-35-2-17. Failure of Defendant to Appear
32-35-2-18. Order of Possession; Contents
32-35-2-19. Final Judgment; Contents
32-35-2-20. Final Judgment to Supersede All Preceding Orders
32-35-2-21. Plaintiff's Bond Required
32-35-2-22. Return of Property to Defendant; Bond
32-35-2-23. Service of Notice by Defendant of Filing of Bond
32-35-2-24. Effect of Defendant's Bond on Show Cause Proceedings
32-35-2-25. Redelivery of Property to Defendant From Executing Officer
32-35-2-26. Action in Replevin Against Officer; Procedure
32-35-2-27. Delivery to Defendant in Open Court
32-35-2-28. Service by Sheriff or Other Executing Officer
32-35-2-30. Taking Possession of Building or Enclosure
32-35-2-31. Safekeeping and Delivery of Property; Expenses
32-35-2-32. Order of Possession; Endorsement and Return to Court
32-35-2-33. Judgment for Plaintiff; Contents