How to Delay a Sheriff Lockout with an Appeal in Indiana

Eviction can be a stressful and urgent situation for Indiana renters. If your landlord wins an eviction case, the court may order a sheriff lockout, meaning you could soon be forced to leave your home. However, Indiana law offers ways for tenants to temporarily halt—or "stay"—the lockout if you file an appeal. This guide explains what a sheriff lockout is, the appeal process, and the official steps Indiana renters can take to try to keep their housing while their appeal is being reviewed.

Understanding Sheriff Lockouts in Indiana

After an eviction hearing in Indiana, if the landlord wins, the court usually issues an order for possession. This order allows the landlord to ask the sheriff to forcibly remove the tenant after a specified period (typically post-judgment). The sheriff does not come immediately; renters are often given a few days' notice before a lockout is scheduled.

What Is an Appeal and How Can It Help?

An appeal is a legal process where you ask a higher court to review the trial court’s eviction decision. Filing an appeal may allow renters to stay in their home temporarily (a "stay of execution"), but you must act quickly and follow specific procedures under Indiana law. The process can be complex, but understanding your rights and using the right forms is crucial.

Steps to Request a Stay of Sheriff Lockout Through Appeal

To delay a sheriff lockout, tenants must (1) file a notice of appeal, (2) usually request a stay, and (3) possibly post an appeal bond set by the court. Here's how:

• File a Notice of Appeal: This is the official form telling the court you intend to appeal the eviction decision. Once filed, you can request a stay of enforcement.
• File a Motion for Stay of Eviction Pending Appeal: To stop the sheriff lockout, you must ask the court for a stay. This means requesting the judge to delay the eviction until your appeal is resolved.
• Post an Appeal Bond: In Indiana, the court may require you to pay a bond—money held by the court to cover any rent or damages if your appeal does not succeed. The amount and conditions are determined by the judge.

Official Indiana Forms You Need

• Notice of Appeal: Used to start the appeals process. Indiana's courts provide detailed guidance on appeals. See Indiana Courts - Forms for any current Notice of Appeal templates and the Indiana Rules of Appellate Procedure for requirements.
  • When and how to use it: File within 30 days after the judgment. For example, if you receive an unfavorable eviction order on June 1st, you have until June 30th to submit the notice to the trial court clerk.
• Motion to Stay/Vacate Eviction Pending Appeal: There is no fixed statewide form, but some local self-help centers offer templates. Learn more about staying an eviction at the Indiana Courts Eviction Self-Service Center.
  • When and how to use it: File this motion right after your Notice of Appeal. For instance, if the sheriff plans to lock you out next week, filing the motion can stop the process until a judge decides.
• Appeal Bond: The trial court may order you to pay a bond. Ask the judge or clerk for the required bond form or receipt process in your county.
  • When and how to use it: Pay the bond as directed by the court. This is often required for the stay to take effect.

Who Handles Eviction Appeals?

Eviction cases start at your local Indiana trial court. Appeals usually go to the Indiana Court of Appeals. The Indiana Courts Self-Service Legal Center is the official government hub for residential eviction and appeal guidance.

Key Indiana Landlord-Tenant Laws for Appeals

Eviction appeals and sheriff lockouts are governed by the Indiana Code Title 32, Article 31 – Landlord-Tenant Relations and the Indiana Rules of Appellate Procedure.^[1] These set strict deadlines and steps for appealing and applying for a stay.

What If the Sheriff Is Scheduled To Lock You Out?

If you've already received a lockout date, notify the court and file your motions as soon as possible. You can also contact local legal aid or the self-help center for urgent assistance. Stay in communication with both the court and the sheriff's office.

What To Expect Next

After you file your appeal and motion for stay, the court will decide whether to grant the stay and under what terms (such as posting bond). If approved, the lockout is paused while your case is reviewed. If the court denies your stay, you may have little time to prepare to move.

FAQ: Indiana Renters and Sheriff Lockouts During Appeal

1. Can I be locked out even if I've filed an appeal? The sheriff lockout can go forward unless you are granted a "stay" by the judge. Filing a Notice of Appeal alone does not automatically stop the lockout.
2. What is an appeal bond, and do I have to pay it? An appeal bond is money you may be required to pay the court to cover rent or damages while your appeal is pending. The bond amount and whether it is required are set by the judge.
3. Where do I file my appeal and motions? Start with the court that issued your eviction order. File your Notice of Appeal with the trial court clerk, then file your Motion for Stay with the same court.
4. How long does it take for the court to decide on my motion for stay? Timing varies, but these motions are typically handled quickly due to the risk of immediate lockout. Check with your court clerk for local timelines.
5. Can I get help if I can't afford the appeal bond? Ask the judge if you can request a bond reduction or waiver, especially if you have financial hardship. Include any supporting documents.

Conclusion: Key Takeaways for Indiana Renters

• If you're facing eviction and a sheriff lockout in Indiana, you have the right to appeal and request a stay, but you must act quickly.
• Filing a Notice of Appeal alone does not stop the lockout—you must submit a Motion for Stay, and possibly pay a bond.
• Check official Indiana court resources and self-help centers for current forms and procedures.

Need Help? Resources for Renters

• Indiana Courts Eviction & Housing Self-Service Center – Forms, FAQ, and guidance for renters.
• Indiana Court of Appeals – Information on appeals process.
• Indiana Legal Help – Housing – Find free or low-cost legal aid and tenant support options.
• Indiana Courts Forms – Official court forms and filing information.

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1. Indiana landlord-tenant appeals: Indiana Code Title 32, Article 31
2. Eviction stays and appellate procedures: Indiana Rules of Appellate Procedure

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