Ind. Code » Title 32
Indiana Code

Ind. Code § 32-35-2-1 (2026)

Grounds for action

✓ current as of May 2026
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     Sec. 1. If any personal goods, including tangible personal property constituting or representing choses in action, are:

(1) wrongfully taken or unlawfully detained from the owner or person claiming possession of the property; or

(2) taken on execution or attachment and claimed by any person other than the defendant;

the owner or claimant may bring an action for the possession of the property.

[Pre-2002 Recodification Citation: 34-21-1-1.]

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

 

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 2012–2025 · leading case: Sperro LLC d/b/a Sperro Towing & Recovery, Fenner & Assocs. LLC, Brian Fenner, & AMI Asset Mgmt., Inc. & Indiana Bureau of Motor Vehs. v. Ford Motor Credit Co. LLC, 64 N.E.3d 235 (Ind. Ct. App. 2016).
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Sperro LLC d/b/a Sperro Towing & Recovery, Fenner & Assocs. LLC, Brian Fenner, & AMI Asset Mgmt., Inc. & Indiana Bureau of Motor Vehs. v. Ford Motor Credit Co. LLC, 64 N.E.3d 235 (Ind. Ct. App. 2016). · cites it 2× “Indiana Code Section 32-35-2-1 provides that if personal goods are “wrongfully taken or unlawfully detained from the owner or person claiming possession of the property,” an action for the possession of property may be brought by the owner or claimant.”
Dawson v. Fifth Third Bank, 965 N.E.2d 730 (Ind. Ct. App. 2012). · cites it 2× “See also Ind.Code § 32-35-2-1 (providing that where property is wrongfully taken or unlawfully detained from the owner or person claiming possession of the property, the owner or claimant may bring an action for possession of the property).”
Shanehsaz v. Johnson, 259 F. Supp. 3d 894 (S.D. Ind. 2017). · cites it 2× “2015); Ind. Code § 32-35-2-1 . A successful plaintiff may recover “(1) the delivery of the property, or the value of the property in case delivery is not possible; and (2) damages for the de *900 tention of the property.”
Keith A. Hoglund v. Robert E. Carter, Jr., Comm'r of the Indiana Dep't of Corr. (mem. dec.) (Ind. Ct. App. 2018). · cites it 4× “The parties do not dispute that Hogland was the lawful owner of the confiscated guitar and guitar accessories.”
John P. Schaub v. The Est. of Edward G. Schaub & David Schaub, Pers. Rep. (Ind. Ct. App. 2013). · cites it 6× “See I.C. § 32-35-2-1 (West, Westlaw current through P.”
Ernestine Waldon, Christine Hampshire, & Vergie Small v. Donna Wilkins, MD, Joshua Williams, & Rodney Barber, & Carl Barber, Jr. (Ind. Ct. App. 2013). · cites it 4× “Replevin However, pursuant to Indiana Code section 32-35-2-1, Waldon also alleged that the Appellees continue to unlawfully possess her personal property, and requested that the court order the Appellees to return the property to her.”
John Newsome v. Robert E. Carter, Jr., Indiana Dep't of Corr., Officer Stephenson, & Indiana State Prison (mem. dec.) (Ind. Ct. App. 2018). · cites it 2× “Court of Appeals of Indiana | Memorandum Decision 18A-SC-275 | August 1, 2018 Page 3 of 5 [7] Newsome’s complaint is a replevin action, which is governed by Indiana Code Section 32-35-2-1. That statute provides: If any personal goods, including tangible personal property…”
Mark Abrell v. Delaware Cnty. Reg'l Wastewater Dist. (Ind. Ct. App. 2019). · cites it 2× “[18] The District brought a replevin complaint against Abrell, pursuant to Indiana Code Section 32-35-2-1, which provides in relevant part: If any personal goods, including tangible personal property constituting or representing choses in action, are: (1) wrongfully taken or…”
Charles Rupley v. Michael L. Rupley, Jr. (mem. dec.) (Ind. Ct. App. 2020). · cites it 2× “Indiana Code Section 32-35-2-1 provides that if personal goods are “wrongfully taken or unlawfully detained from the owner or person claiming possession of the property,” an action for the possession of property may be brought by the owner or claimant.”
Mcmillan Mcgee Corp v. Third Site Trust Fund (S.D. Ind. 2024). · cites it 2× “Count I: Breach of Contract/Fundamental Change, Count II: Conversion, Count III: Unjust Enrichment, and Count IV: Immediate Possession Pursuant to I.C. §32-35-2-1 et. seq. (Filing No. 1 at 10-12).”
McGhee v. Warrick Cnty. (N.D. Ind. 2025). · cites it 2× “) and/or a replevin action ( Ind. Code § 32-35-2-1 )—to redress claims like McGhee’s.”
Yisrayl v. Reed (N.D. Ind. 2019). “Code § 32-35-2-1 )—to redress claims like Yisrayl’s.”
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