§ 34-25-2-20 Motion for discharge and restitution; undertaking; judgment for plaintiff

Codes > Indiana Code > Title 34 > Article 25 : Chapter 2 > 34-25-2-20 Motion

34-25-2-20 Motion for discharge and restitution; undertaking; judgment for plaintiff

    Sec. 20. (a) After appearing in the action, a defendant against whom an order of attachment has been issued may move to have:

        (1) the attachment discharged; and

        (2) restitution awarded for any property taken under the attachment.

    (b) An appearance in the action may not operate to discharge the attachment unless the defendant files a written undertaking as required in section 16 of this chapter.

    (c) If:

        (1) the defendant appears in the action;

        (2) judgment is rendered in favor of the plaintiff; and

        (3) part of the judgment remains unsatisfied after exhausting the property attached;

    the judgment is considered a judgment against the defendant personally.

    (d) A judgment described in subsection (c) has the same force and effect as other judgments, and execution shall issue on the judgment accordingly for the collection of the residue.

    (e) If the plaintiff's undertaking is insufficient, the plaintiff is entitled to a reasonable time to file an additional undertaking.