Indiana Code 34-25-3-6. Absconding garnishee; order of arrest
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Sec. 6. If the plaintiff or person representing the plaintiff files an affidavit with the clerk stating that the plaintiff or person:
(2) believes that the garnishee:
(1) fears that the garnishee will abscond before judgment with intent to defraud the plaintiff; and
Terms Used In Indiana Code 34-25-3-6
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Plaintiff: The person who files the complaint in a civil lawsuit.
(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.
[Pre-1998 Recodification Citation: 34-1-11-24.]
As added by P.L.1-1998, SEC.20.