Sec. 6. (a) Where disposition of property is to be made at a public sale, notice of sale shall be published in accordance with IC 34-55-6.
(b) When property is sold at a public sale under this chapter, the proceeds shall be distributed in the following order:
(1) First, to the sheriff of the county for all expenditures made or incurred in connection with the sale, including storage, transportation, and necessary repair.
(2) Second, to any person:
(A) holding a valid lien, mortgage, land contract, or interest under a conditional sales contract or the holder of other such interest; or
(B) who is a co-owner and has an ownership interest;
up to the amount of that person's interest as determined by the court.
(3) The remainder, if any, shall be transferred by the sheriff to the appropriate fund as ordered by the court in section 4(d) of this chapter.
[Pre-1998 Recodification Citation: 34-4-30.1-6.]
As added by P.L.1-1998, SEC.19.
Structure Indiana Code
Title 34. Civil Law and Procedure
Article 24. Civil Proceedings Related to Criminal Activities
Chapter 1. Forfeiture of Property Used in Violation of Certain Criminal Statutes
34-24-1-2. Seizure Procedure; Custody; Provisional Release
34-24-1-3. Action for Forfeiture; Procedure
34-24-1-4. Hearing; Disposition of Property; Distribution of Funds
34-24-1-4.5. Prosecuting Attorney Reports Concerning Transferred Property
34-24-1-5. Determination of Secured Interest and Appraised Value; Disposition of Property; Payment
34-24-1-6. Public Sale of Property; Publication of Notice; Proceeds
34-24-1-7. Court Order; Filing; Effect
34-24-1-8. Retention of Attorney to Bring Action; Compensation Agreements
34-24-1-9. Disposition of Seized Property; Expenditures of Money