Sec. 18. An order of possession issued under this chapter must:

(1) be directed to the sheriff or other officer charged with the execution of the order within whose jurisdiction the property is believed to be located;

Terms Used In Indiana Code 32-35-2-18

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
(2) describe the property to be seized; and

(3) direct the executing officer to:

(A) seize the property if it is found;

(B) take the property into custody; and

(C) deliver the property to the plaintiff, unless:

(i) the order was issued without notice; or

(ii) the defendant files a written undertaking in accordance with section 7(1)(C) of this chapter within a time fixed by the court.

[Pre-2002 Recodification Citation: 34-21-4-11.]

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

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