Return of property to execution defendant

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.