IN immediate possession bonds.
From $100. Enter your amount.

An Indiana court may not put a plaintiff in possession of real estate before final judgment until the plaintiff files a written undertaking with the court — a surety bond, in an amount the judge fixes, running to the defendant under IC 32-30-3-6. Premiums cost 2% of the bond amount, $100 minimum; the application collects no credit information, and most applications approve instantly. Enter the amount the court set and your exact price appears at the application.

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Filed with the clerk of the Indiana circuit or superior court hearing your ejectment or recovery-of-possession action

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The judge fixes the amount and approves the surety — it must cover the damages the defendant would suffer if possession was wrongly ordered

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From $100, no credit section in the application — enter the court-ordered amount and see your exact price at application

From $1002% of the bond amountA-ratedA.M. Best carriersInstantissued the moment you pay

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How it works

Apply to filed in one sitting.

A possession order is time-sensitive by definition, so there is no underwriting queue here — enter your amount, pay, and file with the clerk. Here is the whole thing:

TODAY · ONLINE

Apply online

Your case caption — court type, city and county, case or docket number, plaintiffs and defendants — plus the undertaking amount and an effective date. That is the entire application.

INSTANTLY

Issued

The application collects no credit information, and the executed undertaking with its power of attorney is generated as soon as you pay. Unusually large amounts may draw a brief underwriter review; if a check ever runs, it is a soft pull that will not touch your score.

SAME DAY

File with the clerk

File the undertaking so the court can approve the surety and issue the order of possession. Under IC 32-30-3-7 a copy travels with the order the sheriff serves. Wet-ink originals mailed whenever the clerk insists.

About this bond

What it is and who needs it.

What the immediate possession undertaking actually guarantees

Indiana gives a plaintiff a way to get possession of real estate before the case is finally decided. Under IC 32-30-3-1 the plaintiff files an affidavit stating that it is entitled to possession, that the defendant unlawfully retains it, and the estimated value and estimated rental value of the property. The clerk then issues an order to show cause under IC 32-30-3-2, with a hearing no earlier than five business days after service, and after that hearing IC 32-30-3-5 lets the court determine with reasonable probability which party is entitled to possession and issue a prejudgment order. In a genuine emergency, IC 32-30-3-3 lets the court order possession before the hearing at all — but only on probable cause that the property is in immediate danger of destruction, serious harm, or sale to an innocent purchaser.

The bond is the price of that head start. IC 32-30-3-6 is categorical: a court may not issue an order of possession in a plaintiff’s favor other than a final judgment until the plaintiff has filed a written undertaking in an amount fixed by the court, executed by a surety the court approves, binding the plaintiff to the defendant in an amount sufficient to assure payment of any damages the defendant may suffer if the court wrongly ordered possession. It is a three-party instrument: you are the principal, the carrier is the surety, and the defendant is the party protected. It is not insurance for you — if the surety pays the defendant, you repay the surety.

The undertaking keeps working after the order issues. IC 32-30-3-7 requires a copy to be attached to the order the sheriff serves, and requires the defendant to be told of the right to except to your surety or to file their own undertaking. Under IC 32-30-3-8 the defendant can require possession back by filing a counter-undertaking, in an amount the court determines, sufficient to assure payment of costs assessed for wrongful detention — and if that lands before the show-cause hearing, the court terminates the hearing unless you take exception to their surety. Your bond therefore stays live until the claims are finally adjudicated, not merely until the sheriff hands over the keys.

IC 32-30-3-6Indiana Code 32-30-3-6 provides that a court may not issue an order of possession in favor of a plaintiff, other than an order of final judgment, until the plaintiff has filed with the court a written undertaking in an amount fixed by the court and executed by a surety to be approved by the court, binding the plaintiff to the defendant in an amount sufficient to assure the payment of any damages the defendant may suffer if the court wrongfully ordered possession of the property to the plaintiff. There is no statutory schedule and no fixed figure: the judge sets the number case by case, informed by the estimated value and estimated rental value the plaintiff pleaded under IC 32-30-3-1. The related sections are IC 32-30-3-2 (order to show cause), IC 32-30-3-3 (possession before the hearing on probable cause of destruction, harm, or sale to an innocent purchaser), IC 32-30-3-5 (the prejudgment order), IC 32-30-3-7 (the order served by the sheriff, with your undertaking attached, and the defendant’s right to except to the surety), and IC 32-30-3-8 (the defendant’s counter-undertaking to have possession returned). Take the amount from the court’s order, not from an estimate — the clerk will reject an undertaking written for the wrong sum.

You need this bond if you are

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A plaintiff seeking a prejudgment order of possession in an Indiana ejectment or recovery-of-possession action

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A lender or purchaser after a foreclosure sale who needs possession before the case is finally adjudicated

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A landowner whose show-cause hearing has already run and the judge has fixed the undertaking amount you must file

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A defendant filing a counter-undertaking under IC 32-30-3-8 to have possession of the property returned

One application, priced on the spot.

These are the actual issuing fields. Keep the court’s order in front of you — the undertaking amount, the case number, and the exact party names all come straight off it.

Start the application →

FAQ

Common questions.

How much is the Indiana immediate possession bond?Premiums cost 2% of the undertaking amount, with a $100 minimum. The amount itself is whatever the judge fixed under IC 32-30-3-6 — there is no statutory schedule. Enter that figure and your exact price appears at the application.

What amount should I enter?The amount stated in the court’s order. IC 32-30-3-6 leaves it entirely to the judge, who sets a sum sufficient to assure payment of any damages the defendant would suffer if possession was wrongly ordered — usually informed by the estimated value and rental value you pleaded in your IC 32-30-3-1 affidavit. Do not round it or guess; the clerk will reject an undertaking written for the wrong sum.

Do I pay the full bond amount?No. You pay the premium — 2% of the undertaking amount, $100 minimum. The penal sum is the surety’s maximum exposure to the defendant if the court is later found to have wrongly ordered possession. Nobody escrows your money, and it is not a deposit with the clerk.

Where do I file it, and who approves the surety?With the clerk of the circuit or superior court where the action is pending. IC 32-30-3-6 requires the surety itself to be approved by the court, and IC 32-30-3-7 requires a copy of your undertaking to be attached to the order of possession the sheriff serves. The defendant is expressly entitled to except to your surety, which is why the bond needs to come from an admitted, A-rated carrier rather than a personal guarantor.

Is there a credit check?The application collects no credit information, and most applications approve instantly. On unusually large undertakings an underwriter may take a brief look — if a check ever runs, it is a soft pull that will not touch your score.

Related bonds

Other Indiana bonds.

Your order of possession is waiting on one filing.

Enter the amount the judge fixed and file the undertaking with the clerk today. From $100, no credit section in the application. Free until issued.

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IN immediate possession bonds.From $100. Enter your amount.