Sec. 2. (a) After the lapse of ten (10) years after:

(1) the entry of judgment; or

Terms Used In Indiana Code 34-55-1-2

  • 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
(2) issuing of an execution;

an execution can be issued only on leave of court, upon motion, after ten (10) days personal notice to the adverse party, unless the adverse party is absent or a nonresident, or cannot be found.

     (b) When an execution is issued on leave of court under subsection (a), service of notice may be made by publication, as in an original action, or in a manner as the court directs. Leave shall not be given unless it is established by the oath of the party or other satisfactory proof that the judgment or part of the judgment remains unsatisfied and due.

[Pre-1998 Recodification Citation: 34-1-34-2.]

As added by P.L.1-1998, SEC.51.