1. (a) In an action under this chapter, the defendant:

   1. (1) at any time before the hearing on the preliminary order; or

   2. (2) if final judgment has not been entered, within the time fixed in the order of possession;

      may require the return of the property upon filing with the court a written undertaking executed by a surety to be approved by the court.

2. (b) The written undertaking must provide that the defendant is bound:

   1. (1) as to the value of the property, as determined by the court, for the delivery of the property to the plaintiff, if delivery is ultimately ordered; and

   2. (2) for the payment to plaintiff of the sum that may be recovered against the defendant in the action for the defendant's wrongful detention of the property.

      [Pre-2002 Recodification Citation: 34-21-5-2.]

As added by P.L.2-2002, SEC.20.