Sec. 16. If the defendant or other person representing the defendant, at any time before judgment, executes a written undertaking to the plaintiff with sufficient surety, to be approved by the court, clerk, or sheriff, to the effect that the defendant will:
(1) appear in the action; and
(2) perform the judgment of the court;
the attachment shall be discharged and restitution made of any property taken under the attachment or the proceeds of the property.
[Pre-1998 Recodification Citation: 34-1-11-17.]
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