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Garnishment – Indiana law

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Garnishment

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Indiana Code (IC) – Title 34 | Article 25

As of January 5, 2009
Source: Indiana Legislative Services Agency

Chapter 3 – Garnishment

  • Section 1 (IC 34-25-3-1) – Officers subject to garnishment
    • (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.

  • Section 2 (IC 34-25-3-2) – Personal actions arising upon contract or judgment; affidavit; undertaking; summons
    • (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.

  • Section 3 (IC 34-25-3-3) – Accountability of garnishee to plaintiff
  • 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.


  • Section 4 (IC 34-25-3-4) – Certificate and examination of garnishee; enforcement

  • Section 5 (IC 34-25-3-5) – Garnishee’s failure to appear or provide information; effect; procedure

  • Section 6 (IC 34-25-3-6) – Absconding garnishee; order of arrest

  • Section 7 (IC 34-25-3-7) – Final judgment against garnishee; discharge of garnishee; costs

  • Section 8 (IC 34-25-3-8) – Return of “no property found”

  • Section 9 (IC 34-25-3-9) – Judgment recovered; liability of defendant or garnishee for costs

  • Section 10 (IC 34-25-3-10) – Compelling garnishee to pay or perform contracts

  • Section 11 (IC 34-25-3-11) – Payment to sheriff or court; discharge of garnishee

  • Section 12 (IC 34-25-3-12) – Examination of garnishee; delivery of property and payment; undertaking

  • Section 13 (IC 34-25-3-13) – Creditor of defendant; intervention in action

  • Section 14 (IC 34-25-3-14) – Judgment for plaintiff or creditor; execution

  • Section 15 (IC 34-25-3-15) – Procedurally defective order; immunity of person who complies

Indiana Courts

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Written by Tom Fox

January 5, 2009 at 7:14 pm

2 Responses

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  1. In Indiana, can disability be garnished when there is a judgement against someone who owe’s rent?

    Melissa Ianni

    May 17, 2010 at 2:26 pm

  2. I have had a notice of non-wage garnishment served to my bank on my behalf. I have been unemployed for 3 years and for the last 2 I have been a full time student. All of the money in my account is Federal student loan money. Does the credit card company have a right to garnish my student loans?

    Aaron

    July 16, 2010 at 6:16 pm


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