Indiana § 34-25-2-20 - Motion for discharge and restitution; undertaking; judgment for plaintiff
Full text of Indiana Indiana Code § 34-25-2-20 — Motion for discharge and restitution; undertaking; judgment for plaintiff, with citation guidance and answers to common questions.
§ 34-25-2-20. Motion for discharge and restitution; undertaking; judgment for plaintiff
Sec. 20. (a) After appearing in the action, a defendant against whom an order of attachment has been issued may move to have:
(1) the attachment discharged; and
(2) restitution awarded for any property taken under the attachment.
(b) An appearance in the action may not operate to discharge the attachment unless the defendant files a written undertaking as required in section 16 of this chapter.
(c) If:
(1) the defendant appears in the action;
(2) judgment is rendered in favor of the plaintiff; and
(3) part of the judgment remains unsatisfied after exhausting the property attached;
the judgment is considered a judgment against the defendant personally.
(d) A judgment described in subsection (c) has the same force and effect as other judgments, and execution shall issue on the judgment accordingly for the collection of the residue.
(e) If the plaintiff's undertaking is insufficient, the plaintiff is entitled to a reasonable time to file an additional undertaking.
[Pre-1998 Recodification Citation: 34-1-11-33.]
As added by P.L.1-1998, SEC.20.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 34-25-2-20
What does Indiana Code § 34-25-2-20 cover?
Section 34-25-2-20 ("Motion for discharge and restitution; undertaking; judgment for plaintiff") 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 § 34-25-2-20?
A common citation format is "Indiana Code § 34-25-2-20" (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 § 34-25-2-20 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.