Sec. 12. The defendant or other person who has possession of attached property may have the property, or any part of the property, delivered to the defendant or person by executing and delivering to the sheriff a written undertaking, with surety, to be approved by the sheriff, payable to the plaintiff, to the effect that:
(1) the property shall be:
(A) properly kept and taken care of; and
(B) delivered to the sheriff on demand, or so much of the property as may be required to be sold on execution to satisfy any judgment that may be recovered against the defendant or person in the action; or
(2) the defendant or person will pay the appraised value of the property, not exceeding the amount of the judgment and costs.
[Pre-1998 Recodification Citation: 34-1-11-13.]
As added by P.L.1-1998, SEC.20.
Structure Indiana Code
Title 34. Civil Law and Procedure
Article 25. Special Proceedings: Attachment and Garnishment
34-25-2-1. Attachment of Property at or After Filing Complaint
34-25-2-3. Concealment of Debtor's Absence by Spouse or Family
34-25-2-4. Plaintiff's Affidavit
34-25-2-5. Plaintiff's Undertaking
34-25-2-6. Order of Attachment
34-25-2-8. Issuance of Execution of Order on Sunday
34-25-2-9. Assistance of Householder; Inventory; Appraisement
34-25-2-10. Order Becomes Lien on Property
34-25-2-11. Order in Which Property Taken; Pursuing Property in Another County
34-25-2-12. Undertaking by Defendant or Person Having Possession of Property
34-25-2-13. Third Party's Duty to Prosecute Claim
34-25-2-14. Duty of Defendant or Claimant to Give Information Under Oath
34-25-2-15. Lien on Goods Attached in Hands of Consignee
34-25-2-16. Undertaking by Defendant; Discharge of Attachment; Restitution of Property
34-25-2-17. Property That Is Perishable or Expensive to Keep; Procedure for Sale at Public Auction
34-25-2-18. Allowance of Sheriff's Expenses of Keeping Attached Property
34-25-2-19. Effect of Dismissal by First Attaching Creditor
34-25-2-20. Motion for Discharge and Restitution; Undertaking; Judgment for Plaintiff
34-25-2-21. Judgment for Defendant; Appeal
34-25-2-22. Judgment for Plaintiff; Execution
34-25-2-23. Action on Undertaking; Damages