Sec. 6. A court may not issue an order of possession in favor of a plaintiff other than an order of final judgment until the plaintiff has filed with the court a written undertaking in an amount fixed by the court and executed by a surety to be approved by the court binding the plaintiff to the defendant in an amount sufficient to assure the payment of any damages the defendant may suffer if the court wrongfully ordered possession of the property to the plaintiff.
Ind. Code § 32-30-3-6
Order of possession; prerequisites
Applied in 1 court decision — leading case Theresa Dukes v. Richard T. Mohr, and John R. Mohr (mem. dec.) (2019)
Most recently applied in Theresa Dukes v. Richard T. Mohr, and John R. Mohr (mem. dec.) (January 2019)
As added by P.L.2-2002, SEC.15.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.