Sec. 2. (a) After the lapse of ten (10) years after:
(1) the entry of judgment; or
(2) issuing of an execution;
an execution can be issued only on leave of court, upon motion, after ten (10) days personal notice to the adverse party, unless the adverse party is absent or a nonresident, or cannot be found.
(b) When an execution is issued on leave of court under subsection (a), service of notice may be made by publication, as in an original action, or in a manner as the court directs. Leave shall not be given unless it is established by the oath of the party or other satisfactory proof that the judgment or part of the judgment remains unsatisfied and due.
[Pre-1998 Recodification Citation: 34-1-34-2.]
As added by P.L.1-1998, SEC.51.
Structure Indiana Code
Title 34. Civil Law and Procedure
Article 55. Execution of Judgments
Chapter 1. Execution of Judgments Generally
34-55-1-2. Issuance After Lapse of Ten Years
34-55-1-3. Three Kinds of Executions
34-55-1-4. Executions Issued to Sheriffs
34-55-1-6. Reference to Judgment in Execution
34-55-1-7. Requirements of Sheriff in Execution
34-55-1-8. Executions Against Body; When Issued
34-55-1-9. Executions Against Property; When Issued
34-55-1-10. Execution Against Body or Property; Issuance to Sheriff
34-55-1-11. Return of Execution
34-55-1-12. Execution Against Goods and Chattels; Priorities
34-55-1-13. Endorsement by Sheriff
34-55-1-14. Executions Against Principal and Surety; Principal's Property First
34-55-1-15. Issuance on Sunday