Indiana Replevin Bond

The plaintiff in a replevin action needs this bond. If you're trying to recover possession of personal property from someone else before your court case is finished, Indiana law (IC § 32-35-2-21) requires you to post a replevin bond before the court will issue an order allowing you to take the property. The bond protects the defendant in case the seizure turns out to be improper.

The bond amount is determined by the Indiana court and must be at least equal to the value of the property being seized. The court may set it higher to cover potential damages to the defendant if the seizure is found to be wrongful. Typically, the bond amount equals the fair market value of the property, and in some cases may be 1-2 times the property's value depending on the court's assessment of risk.

Indiana Code § 32-35-2-21 governs replevin bonds. This statute requires the plaintiff to file a written undertaking (surety bond) with the court before an order of possession is issued. The bond must be executed by a surety approved by the court and in an amount fixed by the court that covers the property's value plus any potential damages to the defendant if the taking is wrongful.