Indiana Code 32-35-2-21. Plaintiff’s bond required
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Sec. 21. (a) Except as provided in subsection (c), the court may not issue an order of possession, with or without notice, in the plaintiff‘s favor in an action under this chapter until the plaintiff has filed with the court a written undertaking:
(2) executed by a surety to be approved by the court;
(1) in an amount fixed by the court; and
Terms Used In Indiana Code 32-35-2-21
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
to the effect that the plaintiff and the surety are bound to the defendant for the value of the property, as determined by the court, along with other damages the defendant may suffer if the property has been wrongfully taken from the defendant.
(b) The amount of the bond may not be less than the value of the property.
(c) If the defendant has failed to appear and final judgment is entered, no written undertaking is required.
[Pre-2002 Recodification Citation: 34-21-5-1.]
As added by P.L.2-2002, SEC.20.