Ind. Code ch. 34-55-4

in effect

Ind. Code § 34-55-4-1 Repealed

[Pre-1998 Recodification Citation: 34-1-37-1.] As added by P.L.1-1998, SEC.51. Repealed by P.L.45-2016, SEC.15.

Ind. Code § 34-55-4-2 Repealed

[Pre-1998 Recodification Citation: 34-1-37-2.] As added by P.L.1-1998, SEC.51. Repealed by P.L.45-2016, SEC.16.

Ind. Code § 34-55-4-3 Repealed

[Pre-1998 Recodification Citation: 34-1-37-3.] As added by P.L.1-1998, SEC.51. Repealed by P.L.45-2016, SEC.17.

Ind. Code § 34-55-4-4 Repealed

[Pre-1998 Recodification Citation: 34-1-37-4.] As added by P.L.1-1998, SEC.51. Repealed by P.L.45-2016, SEC.18.

Ind. Code § 34-55-4-5 Lists of liens and encumbrances

Sec. 5. It is not the duty of the sheriff to ascertain the amount of liens and encumbrances. However, either party may furnish the sheriff with a list of liens and encumbrances, with the amount and nature of each. [Pre-1998 Recodification Citation: 34-1-37-5.] As added by P.L.1-1998, SEC.51. Amended by P.L.45-2016, SEC.19.

Ind. Code § 34-55-4-6 Repealed

[Pre-1998 Recodification Citation: 34-1-37-6.] As added by P.L.1-1998, SEC.51. Repealed by P.L.45-2016, SEC.20.

Ind. Code § 34-55-4-7 Repealed

[Pre-1998 Recodification Citation: 34-1-37-7.] As added by P.L.1-1998, SEC.51. Repealed by P.L.45-2016, SEC.21.

Ind. Code § 34-55-4-8 Purchaser's rights regarding encumbered property

Sec. 8. (a) Subject to subsection (b), where any property is sold subject to liens and encumbrances, the purchaser may: (1) pay the liens and encumbrances and hold the property discharged from all claims of the execution defendant; or (2) hold the property subject to be redeemed by the execution defendant, or the execution defendant's heirs, or assigns, by paying to the purchaser, or the purchaser's heirs or assigns, the purchase money, with interest. When redeemed, the purchaser shall have the growing crops and shall not be accountable for rents and profits, but the purchaser shall account for waste. (b) This section does not deprive a party from the right to redeem when authorized by statute. [Pre-1998 Recodification Citation: 34-1-37-8.] As added by P.L.1-1998, SEC.51.

Ind. Code § 34-55-4-9 Unsold property; sheriff's duty

Sec. 9. When any property levied on remains unsold, the sheriff shall return the execution, stating in the sheriff's return the failure to sell and the cause of the failure. [Pre-1998 Recodification Citation: 34-1-37-9.] As added by P.L.1-1998, SEC.51. Amended by P.L.45-2016, SEC.22.

Ind. Code § 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. [Pre-1998 Recodification Citation: 34-1-37-10.] As added by P.L.1-1998, SEC.51.

Ind. Code § 34-55-4-11 Unsold property; revaluation and reoffer

Sec. 11. Whenever any property levied upon remains unsold for want of buyers, the plaintiff may cause the property to be reoffered at any time before the return day of the execution, at the plaintiff's costs, as often as the plaintiff may direct. In case of the sale of the property, the costs of the offer and sale shall be taxed against the defendant. Either party may have a revaluation of the property, at that party's costs, after any offer to sell. [Pre-1998 Recodification Citation: 34-1-37-11.] As added by P.L.1-1998, SEC.51.

Ind. Code § 34-55-4-12 Repealed

[Pre-1998 Recodification Citation: 34-1-37-12.] As added by P.L.1-1998, SEC.51. Repealed by P.L.45-2016, SEC.23.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/34Fetched: 10/17/2026