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34-55-7-8. Failure to give notice of sale to defendant; plaintiff required to submit refunding bond

IN Code § 34-55-7-8 (2019) (N/A)
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Sec. 8. If:

(1) the sheriff sells the property of a nonresident or other person upon an execution issued on a judgment recovered against the person in a case where publication has been provided; and

(2) no personal notice of the pendency of the action was given to the defendant;

the plaintiff may not receive any of the proceeds of the sale until the plaintiff has filed in the clerk's office a written undertaking, with surety, to be approved by the clerk, to the effect that the plaintiff will refund the money about to be received by the plaintiff, or so much of the money as is necessary, if the judgment is afterwards annulled or set aside and the defendant shows that the plaintiff's claim is unfounded in whole or in part. However, surety to refund is not required in cases of attachment.

[Pre-1998 Recodification Citation: 34-1-40-8.]

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

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