Indiana Code
Ind. Code § 34-25-2-5 (2026)
Plaintiff's undertaking
✓ current as of May 2026
Sec. 5. Except for actions filed by the attorney general under IC 5-11-5-1 or IC 5-11-6-1, the plaintiff or a person representing the plaintiff shall execute a written undertaking, with sufficient surety, to be approved by the clerk, payable to the defendant, to the effect that the plaintiff will:
(1) duly prosecute the proceeding in attachment; and
(2) pay all damages that may be sustained by the defendant if the proceedings of the plaintiff are wrongful and oppressive.
[Pre-1998 Recodification Citation: 34-1-11-5.]
As added by P.L.1-1998, SEC.20. Amended by P.L.176-2009, SEC.23.
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 2000–2023 · leading case: Lakes & Rivers Transfer v. Rudolph Robinson Steel Co., 795 N.E.2d 1126 (Ind. Ct. App. 2003).
Lakes & Rivers Transfer v. Rudolph Robinson Steel Co., 795 N.E.2d 1126 (Ind. Ct. App. 2003). “Was the pretrial attachment of steel belonging to Robinson "oppressive" within the meaning of Ind.Code Ann. § 34-25-2-5 and -28 (West 1999)? Was the award of $64,680.”
LAKES & RIVERS TRANSFER v. Rudolph Robinson Steel Co., 736 N.E.2d 285 (Ind. Ct. App. 2000). “00, pursuant to Indiana Code section 34-25-2-5, in the event it was not successful at trial.”
Wee Scots, LLC v. Fleming, 765 N.E.2d 668 (Ind. Ct. App. 2002). “Indiana Code Section 34-25-2-5 requires all plaintiffs seeking the attachment of property to file a written undertaking.”
Wayne Mfg. LLC v. Cold Headed Fasteners & Assemblies Inc (N.D. Ind. 2022). “” Further, Indiana Code § 34-25-2-5 requires that a plaintiff seeking a prejudgment attachment: [E]xecute a written undertaking, with sufficient surety, to be approved by the clerk, payable to the defendant, to the effect that the plaintiff will: (1) duly prosecute the…”
Vukadinovich v. Posner (N.D. Ind. 2023). “Ind. Code § 34-25-2-5 . After Defendant pointed out that Plaintiff had not submitted an affidavit in compliance with § 34-25-2-4, Plaintiff submitted an affidavit with his reply brief containing the required statutory information (the nature of Plaintiff’s claim; a statement…”
— Ind. Code § 34-25-2-5(2) — 1 case
Lakes & Rivers Transfer v. Rudolph Robinson Steel Co., 795 N.E.2d 1126 (Ind. Ct. App. 2003). “Was the pretrial attachment of steel belonging to Robinson "oppressive" within the meaning of Ind.Code Ann. § 34-25-2-5 and -28 (West 1999)? Was the award of $64,680.”
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