Sec. 4. An affidavit filed under section 3 of this chapter must: (1) show that the plaintiff is: (A) the owner of the property; or (B) lawfully entitled to the possession of the property; (2) show that: (A) the property was not: (i) taken for a tax, assessment, or fine under a statute; or (ii) seized under an execution or attachment against the property of the plaintiff; or (B) if the property was seized under an execution or attachment, the property was exempt by statute from seizure; (3) show that the property: (A) has been wrongfully taken and is unlawfully detained by the defendant; or (B) is unlawfully detained; (4) include a particular description of the property; (5) state the estimated value of the property; and (6) identify the county in which the property is believed to be detained. [Pre-2002 Recodification Citation: 34-21-2-3.]
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