2014 Indiana Code TITLE 34. CIVIL LAW AND PROCEDURE ARTICLE 25. SPECIAL PROCEEDINGS: ATTACHMENT AND GARNISHMENT CHAPTER 3. GARNISHMENT
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IC 34-25-3
Chapter 3. Garnishment
IC 34-25-3-1
Officers subject to garnishment
Sec. 1. (a) This section applies to:
(1) all officers who may collect money by virtue of their office,
including:
(A) clerks of the circuit and superior courts;
(B) sheriffs; and
(C) constables;
(2) executors;
(3) administrators;
(4) guardians; and
(5) trustees.
(b) Persons described in subsection (a) are subject to garnishment
at the suit of any creditor who has money or choses in action in the
hands of the officer, executor, administrator, guardian, or trustee at
the time of the service of the garnishee process, in the same manner
as and to the same extent that other persons are subject to
garnishment.
As added by P.L.1-1998, SEC.20.
IC 34-25-3-2
Personal actions arising upon contract or judgment; affidavit;
undertaking; summons
Sec. 2. (a) In all personal actions arising upon contract, express or
implied, or upon a judgment or decree of any court, if at the time the
action is commenced or at any time afterwards, whether a writ of
attachment has been issued or not, the plaintiff, or a person
representing the plaintiff, shall file with the clerk an affidavit that the
plaintiff has good reason to believe, and does believe, that the person
named in the affidavit:
(1) has property of the defendant in the person's possession or
under the person's control;
(2) is indebted to the defendant;
(3) has the control or agency of any property, money, credits, or
effects of the defendant; or
(4) has control over the defendant's share or interest in the stock
of any association or corporation.
(b) The plaintiff shall file a written undertaking, as described in
IC 34-25-2-5, payable to the defendant, with freehold surety to be
approved by the clerk, stating that the plaintiff will:
(1) prosecute the proceedings in garnishment to effect; and
(2) pay to the defendant all damages the defendant may sustain
if the proceedings are wrongful and oppressive.
(c) The clerk shall issue a summons notifying the person,
association, or corporation to appear at the court and answer as
garnishee in the action. The summons must contain the name and
address of the defendant. The summons shall be served in the manner
provided by the Indiana rules of trial procedure.
As added by P.L.1-1998, SEC.20.
IC 34-25-3-3
Accountability of garnishee to plaintiff
Sec. 3. From the day of the service of the summons, the garnishee
is accountable to the plaintiff in the action for the amount of money,
property, or credits in the garnishee's possession or due and owing
from the garnishee to the defendant.
As added by P.L.1-1998, SEC.20.
IC 34-25-3-4
Certificate and examination of garnishee; enforcement
Sec. 4. (a) This section applies to an officer or agent of an
association or corporation and every other person summoned as a
garnishee.
(b) A person described in subsection (a) shall, when served, or not
later than five (5) days after being served the summons, furnish the
sheriff with a certificate of:
(1) the number of shares or rights of the defendants in the stock
of the corporation or association;
(2) a description of the property held by the corporation,
association, or person that belongs to the defendant or is held for
the benefit of the defendant; or
(3) the amount of the debt owing to the defendant by the
association, corporation, or person, whether due or not.
The sheriff shall return the certificate with the summons.
(c) If the person refuses to provide the information set forth in
subsection (b), the person may be required by the court to appear and
be examined under oath concerning the information. Obedience to the
orders may be enforced by attachment.
As added by P.L.1-1998, SEC.20.
IC 34-25-3-5
Garnishee's failure to appear or provide information; effect;
procedure
Sec. 5. (a) This section applies to a garnishee who is summoned
and:
(1) fails to appear and provide discovery as required by law; or
(2) fails to answer or demur to the matters set forth against the
garnishee in the affidavit, additional complaint, or
interrogatories.
(b) When a garnishee fails to provide information as described in
subsection (a):
(1) the information may be taken as confessed;
(2) judgment may be entered by default; or
(3) the garnishee may be examined under oath concerning all
the matters charged in the affidavit or additional complaint.
(c) Proceedings, pleadings, and process under this section must
conform to the practice in other cases, as necessary to determine the
rights of the parties and render a final judgment.
As added by P.L.1-1998, SEC.20.
IC 34-25-3-6
Absconding garnishee; order of arrest
Sec. 6. If the plaintiff or person representing the plaintiff files an
affidavit with the clerk stating that the plaintiff or person:
(1) fears that the garnishee will abscond before judgment with
intent to defraud the plaintiff; and
(2) believes that the garnishee:
(A) has money, things in action, goods, chattels, or effects of
the defendant in the garnishee's possession; or
(B) is indebted to the defendant;
the clerk shall issue an order of arrest against the garnishee and hold
the garnishee to bail as in a civil action.
As added by P.L.1-1998, SEC.20.
IC 34-25-3-7
Final judgment against garnishee; discharge of garnishee; costs
Sec. 7. The court shall not render final judgment against the
garnishee until the action against the defendant has been determined.
If the plaintiff fails to recover judgment either against the defendant
or the garnishee, the garnishee shall be discharged and recover costs.
As added by P.L.1-1998, SEC.20.
IC 34-25-3-8
Return of "no property found"
Sec. 8. The return of "no property found" upon the order of
attachment does not affect the proceedings against the garnishee.
As added by P.L.1-1998, SEC.20.
IC 34-25-3-9
Judgment recovered; liability of defendant or garnishee for costs
Sec. 9. (a) If the plaintiff wins judgment against the defendant and
before the judgment the garnishee:
(1) delivers to the sheriff:
(A) all the defendant's goods and chattels, or other effects in
the garnishee's possession subject to execution; or
(B) an inventory of the items described in subdivision
(1)(A); and
(2) pays to the sheriff or into court all money due from the
garnishee or belonging to the defendant;
the costs in the proceeding against the garnishee shall be paid by the
defendant.
(b) If the garnishee does not appear or appears and refuses to
accurately confess the matter alleged and at the trial:
(1) the plaintiff recovers judgment against the garnishee; or
(2) the garnishee admits to having possession of money, credits,
or effects belonging to the defendant and refuses to pay or
deliver the money, credits, or effects;
the garnishee shall pay costs.
As added by P.L.1-1998, SEC.20.
IC 34-25-3-10
Compelling garnishee to pay or perform contracts
Sec. 10. The garnishee may not be compelled to pay or perform
any contract in any other manner or at any other time, than the
garnishee would be bound to do for the defendant.
As added by P.L.1-1998, SEC.20.
IC 34-25-3-11
Payment to sheriff or court; discharge of garnishee
Sec. 11. A garnishee may pay money the garnishee owes to the
defendant to the sheriff or into court and is discharged from liability
to the defendant for the amount of money paid to the sheriff or into
court that does not exceed the plaintiff's claim.
As added by P.L.1-1998, SEC.20.
IC 34-25-3-12
Examination of garnishee; delivery of property and payment;
undertaking
Sec. 12. (a) This section applies to a garnishee or an officer of a
corporation summoned as a garnishee.
(b) Five (5) or more days after being served with the summons, the
garnishee may be examined under oath in open court.
(c) If the examination reveals that at the time the summons was
served, or after the service of the summons upon the garnishee, the
garnishee or the corporation possessed any property of the defendant
or was indebted to the defendant, the court may order:
(1) the delivery of the property and the payment of the
indebtedness into court; or
(2) the execution of a written undertaking by the garnishee, with
sufficient sureties, to be approved by the court, payable to the
plaintiff, to the effect that the indebtedness shall be paid or the
property forthcoming as the court shall direct.
As added by P.L.1-1998, SEC.20.
IC 34-25-3-13
Creditor of defendant; intervention in action
Sec. 13. At any time before the final judgment in the suit, any
creditor of the defendant, upon filing an affidavit and written
undertaking, as required of an attaching creditor, may do the
following:
(1) Become a party to the action, file a complaint, and prove the
claim or demand against the defendant.
(2) Have any person summoned as garnishee or held to bail who
has not before been summoned or held to bail.
(3) Propound interrogatories to the garnishee and enforce
answers to the interrogatories in like manner, as the creditor
who is plaintiff.
As added by P.L.1-1998, SEC.20.
IC 34-25-3-14
Judgment for plaintiff or creditor; execution
Sec. 14. (a) If:
(1) judgment in the action is rendered for the plaintiff, or one (1)
or more of several plaintiffs; and
(2) sufficient proof is made of the goods, chattels, rights, credits,
money, and effects in the possession of the garnishee;
the court shall also give judgment in favor of the plaintiff or creditors
against the garnishee, or the property of the defendant, or both, as the
case may require.
(b) A judgment described in subsection (a) may be enforced by
execution.
As added by P.L.1-1998, SEC.20.
IC 34-25-3-15
Procedurally defective order; immunity of person who complies
Sec. 15. (a) In addition to other proceedings, this section applies
to proceedings supplementary to execution involving a depository
financial institution under IC 28-9.
(b) A person, whether designated as a garnishee defendant, an
income payor, or otherwise, who complies with what purports to be
a garnishment, an income withholding order, or a hold or restriction
on withdrawal order issued under:
(1) the Indiana Rules of Trial Procedure;
(2) this article (or IC 34-1-11 before its repeal);
(3) IC 31-16-15 (or IC 31-2-10 before its repeal) or a similar
law of Indiana or another state pertaining to support or
maintenance of any person; or
(4) IC 34-55-8-7 (or IC 34-1-44-7 before its repeal) concerning
proceedings supplementary to execution;
is not personally liable for the amounts withheld if, for any reason,
the order is determined by a court to be procedurally defective.
As added by P.L.1-1998, SEC.20.
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