Sec. 5. If a plaintiff files an affidavit under section 3 of this chapter, the clerk shall issue an order for a time fixed by the judge directing the defendant to appear for the purpose of controverting plaintiff’s affidavit or to otherwise show cause why:

(1) a prejudgment order for possession should not issue; and

Terms Used In Indiana Code 32-35-2-5

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. 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.
  • 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 property should not be delivered to plaintiff.

[Pre-2002 Recodification Citation: 34-21-3-1.]

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

  Previous section
Next section  
 Chapter 2 Contents