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Indiana Execution for Deliveryof Personal Property on Alternative Judgment

State:
Indiana
Control #:
IN-MCC-500
Format:
PDF
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Description

Execution for Deliveryof Personal Property on Alternative Judgment

Indiana Execution for Delivery of Personal Property on Alternative Judgment is a legal process in Indiana that allows a court to order a defendant to turn over certain personal property to a creditor as payment of a judgment against the defendant. The process is also known as an "execution and delivery of personal property on alternative judgment" or an "alternative execution." This type of execution is typically used when the defendant does not have the means to pay the judgment in cash or if the creditor does not want to take ownership of the property. The process begins with the court issuing a writ of execution. The writ orders the defendant to turn over the property specified in the judgment to the sheriff or other designated officer. The officer then serves the writ on the defendant, who has a certain amount of time to comply. If the defendant does not comply, the officer may seize the property and take possession of it for the creditor. There are two types of Indiana Execution for Delivery of Personal Property on Alternative Judgment: the personal property execution and the real property execution. The personal property execution is for personal property such as cars, boats, furniture, jewelry, and other items. The real property execution is for real estate such as land, buildings, and other real estate.

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FAQ

Section 29-1-7-23 - Real and personal property; devolution; prima facie evidence (a) When a person dies, the person's real and personal property passes to persons to whom it is devised by the person's last will or, in the absence of such disposition, to the persons who succeed to the person's estate as the person's

The court, on petition by any person or on its own motion, may appoint a temporary guardian for the incapacitated person or minor for a specified period not to exceed ninety (90) days.

Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure. Since attorneys' fees cannot ordinarily be awarded against the United States (28 U.S.C.

When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or

Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.

An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny or that the inquiry would be unreasonably burdensome.

(1) The power to receive property payable to the minor or the minor's parent, guardian, or custodian from any source, including any statutory benefit, insurance system, or private contract, devise, trust, or custodianship.

Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued, or court of the county where the witness was required thereunder to appear or act.

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Indiana Execution for Deliveryof Personal Property on Alternative Judgment