Return of Property to Execution Defendant

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Sec. 1. (a) Any personal property taken in execution may be returned to the execution defendant by the sheriff, upon the delivery by the defendant to the sheriff of a written undertaking described in subsection (b).

(b) The written undertaking must be:

(1) payable to the execution plaintiff, with sufficient surety to be approved by the sheriff; and

(2) to the effect that the property shall be delivered to the sheriff at a time and place named in the undertaking, to be sold:

(A) according to law; or

(B) for the payment to the sheriff of the fair value of the property.

[Pre-1998 Recodification Citation: 34-1-38-1.]

As added by P.L.1-1998, SEC.51. Amended by P.L.45-2016, SEC.24.


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