Sec. 4. (a) If the finding upon the issue described in section 3(b) of this chapter is in favor of the surety, the court shall make an order directing the sheriff to:
(1) levy the execution, first upon the property of the principal; and
(2) exhaust the property of the principal;
before making a levy upon the property of the surety.
(b) The clerk shall endorse a memorandum of the order on the execution.
[Pre-1998 Recodification Citation: 34-1-55-4.]
As added by P.L.1-1998, SEC.17.
Structure Indiana Code
Title 34. Civil Law and Procedure
Article 22. Causes of Action: Surety's Remedies Against Principal
Chapter 1. Remedies of Sureties Against Their Principals
34-22-1-2. Discharge of Surety
34-22-1-3. Trial on Issue of Suretyship; Two or More Defendants
34-22-1-4. Order of Levy Upon Property of Principal and Surety
34-22-1-5. Judgment Remaining in Force for Use of Surety or Other Person Making Payment
34-22-1-6. Remedies Against Codefendants and Cosureties
34-22-1-7. When Confessed Judgment or Default Judgment by Surety Not Permitted