Indiana § 34-22-1-5 - Judgment remaining in force for use of surety or other person making payment

Full text of Indiana Indiana Code § 34-22-1-5 — Judgment remaining in force for use of surety or other person making payment, with citation guidance and answers to common questions.

§ 34-22-1-5. Judgment remaining in force for use of surety or other person making payment

Sec. 5. (a) This section applies to a:

(1) defendant-surety in a:

(A) judgment;

(B) special bail; or

(C) replevin bail;

(2) surety in a delivery bond or replevin bond; or

(3) person who is a surety in any undertaking.

(b) This section does not apply to a sheriff, officer, or surety providing bond in an official capacity who:

(1) fails to pay over money collected; or

(2) wastes property upon which the sheriff, officer, or surety has levied.

(c) When a person described in subsection (a):

(1) is compelled to pay a judgment, or part of a judgment;

(2) makes any payment which is applied to a judgment by reason of the person's suretyship; or

(3) is compelled, by reason of a default of a sheriff, officer or surety providing bond in an official capacity, to pay a judgment, or part of a judgment;

the judgment is not discharged by the payment.

(d) However, the judgment remains in force for the use of the bail, surety, officer, or other person making the payment, and after the plaintiff is paid, so much of the judgment as remains unsatisfied may be prosecuted to execution for use by the person making the payment.

[Pre-1998 Recodification Citation: 34-1-55-5.]

As added by P.L.1-1998, SEC.17.

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 34-22-1-5

What does Indiana Code § 34-22-1-5 cover?

Section 34-22-1-5 ("Judgment remaining in force for use of surety or other person making payment") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Indiana § 34-22-1-5?

A common citation format is "Indiana Code § 34-22-1-5" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Indiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.

How does Indiana § 34-22-1-5 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.