Indiana Code 34-55-8-7. Order requiring application of property to debt and forbidding transfer; liens; order for placing hold on deposit account; hearing; order releasing hold
(1) any property, income, or profits of the judgment debtor not exempt from execution or process, in the hands either of the judgment debtor or of any other person; or
Terms Used In Indiana Code 34-55-8-7
- 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.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- 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.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
to be applied to the satisfaction of the judgment and forbid transfers of property and choses in action.
(b) If the judgment debtor has failed to comply with an agreed order in the action, after a hearing of which the judgment debtor has been notified, the court shall order:
(1) any property, income, or profits of the judgment debtor not exempt from execution or process, in the hands either of the judgment debtor or of any other person; or
(2) any debt due to the judgment debtor;
to be applied to the satisfaction of the judgment and forbid transfers of property and choses in action.
(c) The judge shall order that:
(1) the judgment or execution is a continuing lien upon the income or profits of the judgment debtor in the hands either of the judgment debtor or any other person, governmental officer, or corporation from the date the order is served upon the person, governmental officer, or corporation indebted to the judgment debtor to the extent that the lien, together with all similar liens, is permitted under IC 24-4.5-5-105; and
(2) the court may enforce all orders and decrees in the premises, by attachment or otherwise.
(d) A court in an action for proceedings supplementary to execution shall issue an order directing a depository financial institution (as defined in IC 28-9-2) to place a hold on a deposit account in which the judgment debtor has an interest, either individually or jointly with another person, whenever the conditions prescribed under IC 28-9-3-4(d)(1) through IC 28-9-3-4(d)(3) are met. An order issued under this subsection:
(1) is subject to the limitations as to duration of the restriction and the amount to be restricted as specified under IC 28-9-4-2; and
(2) may be terminated or modified to reflect valid exemptions of a depositor that the court has considered.
(e) If an order for the placing of a hold on a deposit account is issued under subsection (d), a person whose deposit account is affected may request a hearing from the court on the matter of:
(1) the person’s right to claim certain funds in the person’s deposit account as exempt from garnishment; and
(2) whether the hold should be removed by the court.
(f) If a court receives a request for a hearing under subsection (e), the court shall hold a hearing on the matter within five (5) days (excluding Saturdays, Sundays, and legal holidays) after the court receives the request.
(g) If a person whose deposit account is affected by the order issued under subsection (d) files an affidavit with the court stating that the funds in the account are exempt from garnishment, the court may issue an order releasing the hold on the account without first conducting a hearing.
(h) If a court has issued a garnishment order to a third party and the garnishment order no longer applies to the third party due to a change in circumstances, the court may cancel the garnishment order and issue a new garnishment order to an appropriate third party, if all of the following conditions are met:
(1) The court has issued a garnishment order under subsection (a) or (b) with respect to a judgment debtor’s income or profits in the hands of a third party.
(2) The judgment constitutes a continuing lien under subsection (c).
(3) Due to a change in circumstances, including a change of employment, the judgment debtor’s income or profits are in the hands of a new third party not named in the garnishment order.
(4) The judgment creditor files a petition:
(A) notifying the court of the matters described in subdivisions (1) through (3); and
(B) informing the court of the name, address, and other relevant information concerning the new third party holding the judgment debtor’s income and profits.
A court may issue a new garnishment order under this subsection without holding a hearing.
[Pre-1998 Recodification Citation: 34-1-44-7.]
As added by P.L.1-1998, SEC.51. Amended by P.L.1-1999, SEC.76; P.L.78-2014, SEC.22.