Sec. 23. Every defendant is entitled to an action on the written undertaking of the plaintiff or creditor by whose proceedings in attachment the defendant is aggrieved, if it appears that the proceedings were wrongful and oppressive. The defendant shall recover damages at the discretion of the jury.
[Pre-1998 Recodification Citation: 34-1-11-38.]
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