Ind. Code § 32-35-2-22

Current through P.L. 171-2024

Section 32-35-2-22 - Return of property to defendant; bond

(a) In an action under this chapter, the defendant:

(1) at any time before the hearing on the preliminary order; or

(2) if final judgment has not been entered, within the time fixed in the order of possession;

may require the return of the property upon filing with the court a written undertaking executed by a surety to be approved by the court.

(b) The written undertaking must provide that the defendant is bound:

(1) as to the value of the property, as determined by the court, for the delivery of the property to the plaintiff, if delivery is ultimately ordered; and

(2) for the payment to plaintiff of the sum that may be recovered against the defendant in the action for the defendant's wrongful detention of the property.

IC 32-35-2-22

Pre-2002 Recodification Citation: 34-21-5-2.

As added by P.L. 2-2002, SEC.20.