Ind. Code § 32-35-2-4

Current through P.L. 171-2024

Section 32-35-2-4 - Contents of affidavit

An affidavit filed under section 3 of this chapter must:

(1) show that the plaintiff is:

(A) the owner of the property; or

(B) lawfully entitled to the possession of the property;

(2) show that:

(A) the property was not:

(i) taken for a tax, assessment, or fine under a statute; or

(ii) seized under an execution or attachment against the property of the plaintiff; or

(B) if the property was seized under an execution or attachment, the property was exempt by statute from seizure;

(3) show that the property:

(A) has been wrongfully taken and is unlawfully detained by the defendant; or

(B) is unlawfully detained;

(4) include a particular description of the property;

(5) state the estimated value of the property; and

(6) identify the county in which the property is believed to be detained.

IC 32-35-2-4

Pre-2002 Recodification Citation: 34-21-2-3.

As added by P.L. 2-2002, SEC.20.