Sec. 5. Except for actions filed by the attorney general under IC 5-11-5-1 or IC 5-11-6-1, the plaintiff or a person representing the plaintiff shall execute a written undertaking, with sufficient surety, to be approved by the clerk, payable to the defendant, to the effect that the plaintiff will:
(1) duly prosecute the proceeding in attachment; and
(2) pay all damages that may be sustained by the defendant if the proceedings of the plaintiff are wrongful and oppressive.
[Pre-1998 Recodification Citation: 34-1-11-5.]
As added by P.L.1-1998, SEC.20. Amended by P.L.176-2009, SEC.23.
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