Sec. 6. An action against: (1) a sheriff; (2) another public officer; or (3) the officer and the officer's sureties on a public bond; growing out of a liability incurred by doing an act in an official capacity, or by the omission of an official duty, must be commenced within five (5) years after the cause of action accrues. However, an action may be commenced against the officer or the officer's legal representatives, for money collected in an official capacity and not paid over, at any time within six (6) years after the cause of action accrues. [Pre-1998 Recodification Citation: 34-1-2-2(2).]
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