2014 Indiana Code TITLE 34. CIVIL LAW AND PROCEDURE ARTICLE 25. SPECIAL PROCEEDINGS: ATTACHMENT AND GARNISHMENT CHAPTER 1. GENERAL PROVISIONS APPLYING TO ATTACHMENT AND GARNISHMENT
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IC 34-25
ARTICLE 25. SPECIAL PROCEEDINGS:
ATTACHMENT AND GARNISHMENT
IC 34-25-1
Chapter 1. General Provisions Applying to Attachment and
Garnishment
IC 34-25-1-1
Execution of judgments; law governing
Sec. 1. The execution of judgments is governed by IC 34-55.
As added by P.L.1-1998, SEC.20.
IC 34-25-1-2
Nonresidents; personal earnings or wages
Sec. 2. Indiana courts do not have and shall not entertain
jurisdiction in any action of attachment, garnishment, or
supplementary proceeding, when:
(1) the plaintiff and principal defendant are both nonresidents of
Indiana; and
(2) the money sought to be reached by the attachment,
garnishment, or supplementary proceedings is the personal
earnings or wages due or owing to the principal defendant from
a person or corporation doing business in Indiana.
As added by P.L.1-1998, SEC.20.
IC 34-25-1-3
Judgment for attachment or garnishment; service and venue
requirements
Sec. 3. The plaintiff is not entitled to judgment in an action for
attachment or garnishment unless:
(1) the defendant is personally served with process;
(2) the property of the defendant is attached in the county where
the action is brought; or
(3) a garnishee is summoned in the county where the action is
brought, who is indebted to the defendant, or has possession of
property or assets subject to the attachment.
As added by P.L.1-1998, SEC.20.
IC 34-25-1-4
Payment of costs and expenses; proportional payment of multiple
creditors; surplus
Sec. 4. The money realized from the attachment and the
garnishees, under the direction of the court, and after paying all costs
and expenses, shall be paid to the several creditors in proportion to
the amount of their several claims as adjusted. The surplus, if any,
shall be paid to the defendant.
As added by P.L.1-1998, SEC.20.
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