Claim of third party to property

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  1. (a)

    1. (1) If a person other than the defendant or his or her agent claims the property taken by the sheriff and delivers to the sheriff his or her affidavit that he or she is entitled to the possession thereof, the sheriff shall not be bound to keep the property or deliver it to the plaintiff unless the plaintiff shall, within two (2) days after the delivery to him or her or to his or her agent or attorney, by the sheriff, of a copy of the affidavit, indemnify the sheriff against the claim by a bond, executed by one (1) or more sufficient sureties, in double the value of the property.

    2. (2) No claim to the property by a person other than the defendant or his or her agent shall be valid against the sheriff unless so made.

  2. (b) The sheriff shall return the affidavit of the claimant, with his or her proceedings thereon, to the clerk's office.


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