Indiana Code
Ind. Code § 32-35-2-33 (2026)
Judgment for plaintiff; contents
✓ current as of May 2026
Sec. 33. In an action to recover the possession of personal property, judgment for the plaintiff may be for:
(1) the delivery of the property, or the value of the property in case delivery is not possible; and
(2) damages for the detention of the property.
[Pre-2002 Recodification Citation: 34-21-9-1.]
As added by P.L.2-2002, SEC.20.
Notes of Decisions
Cited in 6
cases, 2004–2019 · leading case: United Farm Fam. Mut. Ins. Co. v. Michalski, 814 N.E.2d 1060 (Ind. Ct. App. 2004).
United Farm Fam. Mut. Ins. Co. v. Michalski, 814 N.E.2d 1060 (Ind. Ct. App. 2004). “The trial court entered its judgment in favor of Michalski and Riverside pursuant to Indiana Code § 32-35-2-33 (Burns Code Ed.”
Roy Baker Trust & Penny Harris v. Red Husky, LLC, 13 N.E.3d 415 (Ind. Ct. App. 2014). “” Ind.Code § 32-35-2-33(2). “In replevin actions, the usual measure of damages would be the value of the loss of use, measured by the fair rental value, if possible.”
Shanehsaz v. Johnson, 259 F. Supp. 3d 894 (S.D. Ind. 2017). “” Ind. Code § 32-35-2-33 ; see, e.g., United Farm Family, 814 N.”
John P. Schaub v. The Est. of Edward G. Schaub & David Schaub, Pers. Rep. (Ind. Ct. App. 2013). “See I.C. § 32-35-2-33(2). The next question is whether John’s possession of the trailer was “wrongful” within the meaning of I.”
Star Prop. Solutions, LLC & Indy Drains, LLC v. Pine Fin., LLC, & T.Tad Bohlsen (mem. dec.) (Ind. Ct. App. 2016). “14 Ind. Code § 32-35-2-33 . In replevin actions, the usual measure of damages would be the value of the loss of use, measured by the fair rental value, if possible.”
Mark Abrell v. Delaware Cnty. Reg'l Wastewater Dist. (Ind. Ct. App. 2019). “Court of Appeals of Indiana | Opinion 19A-PL-585 | August 27, 2019 Page 8 of 10 [19] Indiana Code Section 32-35-2-33 provides that judgment for the plaintiff upon a replevin action may be for (1) delivery or the value of the property and (2) damages for the detention of the…”
— Ind. Code § 32-35-2-33(2) — 2 cases
Roy Baker Trust & Penny Harris v. Red Husky, LLC, 13 N.E.3d 415 (Ind. Ct. App. 2014). “” Ind.Code § 32-35-2-33(2). “In replevin actions, the usual measure of damages would be the value of the loss of use, measured by the fair rental value, if possible.”
John P. Schaub v. The Est. of Edward G. Schaub & David Schaub, Pers. Rep. (Ind. Ct. App. 2013). “See I.C. § 32-35-2-33(2). The next question is whether John’s possession of the trailer was “wrongful” within the meaning of I.”
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