Sec. 5. (a) This section applies when a sheriff or coroner of a county in Indiana:
(1) seizes upon real estate or an interest in real estate by virtue of a writ of attachment; or
(2) levies upon real estate or an interest in real estate by virtue of an execution issued to the sheriff or coroner from any court other than the court of the county in which the sheriff or coroner resides.
(b) At the time of the seizure or levy, the sheriff or coroner shall file with the clerk of the circuit court of the county a written notice setting forth:
(1) the names of the parties to the proceedings upon which the writ of attachment or execution is founded; and
(2) a description of the land seized or levied upon.
The notice shall be recorded, as provided for in section 4 of this chapter.
(c) The sheriff or coroner shall state, in the return to the attachment or execution, that notice has been filed. The sheriff or coroner is allowed a fee of fifty cents ($0.50) to be taxed as costs for making and filing the notice. However, the sheriff or coroner is not required to file the notice until the attachment or execution plaintiff provides the money to pay the clerk for filing and recording the notice.
[Pre-2002 Recodification Citation: 34-34-1-5.]
As added by P.L.2-2002, SEC.15.
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