Sec. 12. (a) This section applies to a garnishee or an officer of a corporation summoned as a garnishee.

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Terms Used In Indiana Code 34-25-3-12

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Summons: Another word for subpoena used by the criminal justice system.
     (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.

[Pre-1998 Recodification Citation: 34-1-11-30.]

As added by P.L.1-1998, SEC.20.

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