Claim and Delivery
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Statutes
After default, a secured partym may take possession of the collateral. A secured party may proceed pursuant to judicial process; or without judicial process, if it proceeds without breach of the peace. (I.C. § 28-9-609) Where a delivery is claimed, the plaintiff can file a verified complaint or by an affidavit made by plaintiff or by someone on his behalf. (I.C. § 8-302) The sheriff shall forthwith take the property, if it be in the possession of the defendant or his agent, and retain it in his custody, either by removing the property to a place of safekeeping or, upon good cause shown, by installing a keeper. (I.C. § 8-305)
Cases
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Contributors
Kristin E. Bjorkman, Esq.
Hawley Troxell
The statutory information was edited and reviewed with the support of MultiState
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