Sec. 6. (a) Recovery under section 5 of this chapter may be made by:
(1) motion against the officer in the proper court upon ten (10) days notice; or
(2) action on the bond of the sheriff.
(b) The proceedings in this section may be commenced immediately upon the default of the sheriff, either before or after the return day of the execution.
[Pre-1998 Recodification Citation: 34-1-40-6.]
As added by P.L.1-1998, SEC.51.
Structure Indiana Code
Title 34. Civil Law and Procedure
Article 55. Execution of Judgments
Chapter 7. Liability of Sheriff to Pay Money Collected on Execution
34-55-7-1. Time of Paying Over Money
34-55-7-2. Neglect or Refusal of Sheriff to Levy or Sell; Liability
34-55-7-3. Neglect or Refusal of Sheriff to Return Execution; Liability
34-55-7-4. Neglect or Refusal of Sheriff to Pay Over Money Collected on Execution; Liability
34-55-7-6. Actions Against Sheriff; Procedure
34-55-7-7. Return of Execution
34-55-7-8. Failure to Give Notice of Sale to Defendant; Plaintiff Required to Submit Refunding Bond