Sec. 21. (a) Except as provided in subsection (c), the court may not issue an order of possession, with or without notice, in the plaintiff's favor in an action under this chapter until the plaintiff has filed with the court a written undertaking: (1) in an amount fixed by the court; and (2) executed by a surety to be approved by the court; to the effect that the plaintiff and the surety are bound to the defendant for the value of the property, as determined by the court, along with other damages the defendant may suffer if the property has been wrongfully taken from the defendant. (b) The amount of the bond may not be less than the value of the property. (c) If the defendant has failed to appear and final judgment is entered, no written undertaking is required. [Pre-2002 Recodification Citation: 34-21-5-1.]
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