Indiana Code 32-35-2-28. Service by sheriff or other executing officer
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Sec. 28. If the defendant and the defendant’s attorney are not present in open court when the order of possession is issued under this chapter, sufficient copies of the order shall be delivered to the sheriff or other executing officer. The executing officer shall, without delay, serve upon the defendant a copy of the order of possession:
(A) the defendant personally; or
(1) by delivering the order of possession to:
Terms Used In Indiana Code 32-35-2-28
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
(B) the defendant’s agent from whose possession the property is taken;
(2) if the defendant or the defendant’s agent cannot be found, by leaving it at the usual place of abode of either with some person of suitable age and discretion; or
(3) if neither the defendant nor the defendant’s agent has any known usual place of abode, by mailing it to the defendant’s last known address.
[Pre-2002 Recodification Citation: 34-21-7-2.]
As added by P.L.2-2002, SEC.20.