Sec. 19. If the order issued in an action under this chapter is a final judgment:

(1) the court does not need to fix a time for the defendant to file a written undertaking;

Terms Used In Indiana Code 32-35-2-19

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) the order must direct immediate delivery to the plaintiff;

(3) a copy of any written undertaking filed by the plaintiff must be attached to the order; and

(4) the order must inform the defendant that the defendant has the right to:

(A) except to the surety upon the undertaking; or

(B) file a written undertaking for the redelivery of the property as provided in section 7(1)(C) of this chapter.

[Pre-2002 Recodification Citation: 34-21-4-12.]

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