Indiana Rules of Trial Procedure

Rule 67. Deposit in court; payment of judgment

Effective January 1, 1970

(A) Deposit in court before judgment.

Before judgment in an action in which any part of the relief sought is a judgment for a sum of money or the disposition of a sum of money or the disposition of any other thing capable of delivery, a party, upon notice to every other party, and by leave of court, may deposit with the court all or any part of such sum or thing. Payment of all or part thereof may be directed by the court under any judgment or order, or upon motion and hearing to the rightful owners or upon security or agreement of the parties under the direction of the court.

(B) Payment of judgment--Satisfaction entered of record.

Unless otherwise directed by the court, payment of money owing under and following a judgment may be made to the judgment creditor or his attorney, to the sheriff holding a writ of execution, or to the clerk of the court where the judgment is rendered. If paid to the clerk, the clerk shall notify the person entitled thereto or his attorney and shall pay such sum to him upon receiving a statement of satisfaction required herein. Money received by the sheriff towards satisfaction of the judgment shall be delivered to the clerk of the court where the judgment is rendered who shall then proceed as if the money were paid to him. A party or person receiving payment or satisfaction of a judgment shall furnish to the sheriff, clerk, party or person making payment a signed statement of total or partial satisfaction and any necessary assignment identifying the judgment by cause number and acknowledged as in the case of a deed which, when acquired or delivered to the clerk shall be entered in the records with the judgment. Such statement or any other entry by the clerk showing an assignment, payment or satisfaction of the judgment when certified by the clerk shall be received as evidence thereof, may be filed in the lis pendens record or judgment docket as provided in Rule 63.1(B) and when so filed shall serve as constructive notice thereof.