§ 34-55-4-10 Continuance of lien on unsold property

Codes > Indiana Code > Title 34 > Article 55 : Chapter 4 > 34-55-4-10 Continuance

34-55-4-10 Continuance of lien on unsold property

    Sec. 10. (a) The lien of the levy upon the property shall continue, and the clerk, when directed by the plaintiff, shall immediately issue another execution:

        (1) reciting the return of the former execution and the levy and failure to sell; and

        (2) directing the sheriff to satisfy the judgment out of the unsold property, if the unsold property is sufficient.

    (b) If the property is not sufficient, the sheriff shall satisfy the judgment out of any other property of the debtor subject to execution. However, the lien as to personal property continues only for thirty (30) days (unless a second execution is issued) from the time of the return. At that time, the property shall be released to bona fide purchasers for value and to the levies of writs on other judgments. The levy shall, as between the parties, be considered vacated. As to real property, the levy of the writ shall be discharged after six (6) months.