Sec. 2. (a) For the purpose of procuring personal jurisdiction over a person who has allegedly violated a court order or who is otherwise in contempt of court, the court may issue a writ of attachment of the body of the person.

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Terms Used In Indiana Code 34-47-4-2

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
     (b) A writ of attachment issued under subsection (a) shall:

(1) be directed to a sheriff or assisting sheriff; and

(2) fix an amount of:

(A) bail, if the order that the person has allegedly violated does not concern a child support obligation; or

(B) escrow, if the order that the person has allegedly violated concerns a child support obligation.

     (c) A sheriff or assisting sheriff who receives an order under this section shall immediately:

(1) serve the writ; and

(2) take the person into custody.

A sheriff may serve a writ of attachment and take the person into custody in any county.

     (d) If an assisting sheriff takes a person into custody, the assisting sheriff shall notify the sheriff. The sheriff, after notification, shall immediately return the person to the county in which the writ was issued and take the person before the court that issued the writ. However, the sheriff may release the person:

(1) on bail as in criminal matters; or

(2) after any person has deposited the amount of escrow in accordance with subsection (e).

     (e) The escrow shall be:

(1) deposited with the clerk of the court;

(2) an amount:

(A) fixed by the court; and

(B) not more than any delinquent child support allegedly owed by the person to another; and

(3) subject to a court ordered attachment for satisfaction of delinquent child support and interest under IC 31-16-12-2 and IC 31-14-12-1 (before its repeal).

     (f) All escrow money collected under this section (or IC 34-4-9-2.1 before its repeal) by the clerk of the court shall be deposited into a single account. The clerk shall:

(1) keep an accounting of all money transferred to the escrow account;

(2) issue a receipt to any person who transfers money to the clerk under this section; and

(3) transfer money from the escrow account only under an order from the court that issued the writ of attachment under subsection (a).

[Pre-1998 Recodification Citations: 34-4-9-2.1(b); 34-4-9-2.1(c); 34-4-9-2.1(d); 34-4-9-2.1(e); 34-4-9-2.1(f).]

As added by P.L.1-1998, SEC.43. Amended by P.L.207-2013, SEC.52.

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