§ 28-9-3-5 — Garnishment of deposit account; notice requirements

Indiana § 28-9-3-5

• Jurisdiction: Indiana
• Art. 9: DEPOSITORY FINANCIAL INSTITUTIONS
• Ch. 3: Notice of Adverse Claims

Text

(a) The information specified in section
4(b)(3)(B) through 4(b)(3)(C) of this chapter and the legend set forth
in subsection (c) must be printed more conspicuously than the other
information specified in section 4(b)(3) of this chapter. The
information specified in section 4(b)(3)(B) through 4(b)(3)(C) of this
chapter and the legend set forth in subsection (c) may be made more
conspicuous in any way that highlights it in relation to the other
information specified in section 4(b)(3) of this chapter, including, but
not limited to, any of the following:
(1) Capitalization, when the other information is printed in
capitals and lower case.
(2) Printing in larger type, boldface print, or differentiated
typeface.
(3) Printing in a contrasting color.
(4) Underlining.
(b) Use of the following forms will constitute compliance with the
notice requirements of section 4(b)(3) of this chapter:
NOTICE OF CERTAIN EXEMPTIONS
AND
YOUR RIGHT TO A PROMPT HEARING
It may be that the plaintiff has or will give notice to your bank or
other persons holding property or assets for you of the intent to
put a hold on certain accounts held by you, either individually or
jointly with another person, including, but not limited to bank,
share, and credit union accounts. Under Indiana law, this notice
may already have resulted in the placing of a hold on those
accounts. UNDER FEDERAL AND STATE LAW, CERTAIN
FUNDS ARE EXEMPT FROM GARNISHMENT. THIS MEANS
THAT THESE FUNDS MAY NOT BE TAKEN BY
CREDITORS EVEN IF THEY HAVE BEEN DEPOSITED INTO
YOUR ACCOUNTS. SOCIAL SECURITY, SUPPLEMENTAL
SECURITY INCOME, VETERANS BENEFITS, AND
CERTAIN DISABILITY PENSION BENEFITS CANNOT BE
TAKEN. THERE MAY BE OTHER EXEMPTIONS UNDER
STATE OR FEDERAL LAW. IF YOU OR ANOTHER PERSON
WHO MAINTAINS A JOINT ACCOUNT WITH YOU
BELIEVE THAT ALL OR SOME OF THE FUNDS IN THESE
ACCOUNTS ARE EXEMPT, YOU OR YOUR JOINT
DEPOSITOR ARE ENTITLED TO A PROMPT HEARING IN
THIS COURT TO PRESENT EVIDENCE TO ESTABLISH
EXEMPTIONS AND TO SEEK REMOVAL OF THE HOLD.
To obtain such a hearing, fill in the form marked "Exemption
Claim and Request for Hearing" attached hereto and return it to
this court either by mail or by personally bringing it to the court.
A copy of that form should also be sent to plaintiff's attorney or to
the plaintiff, if the plaintiff is not represented by an attorney, at
the address set forth below. A prompt hearing will be scheduled
by the court as soon as possible, but generally no later than 5 days
(excluding Saturdays, Sundays, and legal holidays) after the
completed form is received by the court. Please call the court at
(___) __________ to find out when the hearing is scheduled.
When calling the court, please have the cause number handy. The
cause number is located at the top of the right-hand side of this
document. After the hearing, the court will decide whether all or
part of the funds in each account on which a hold has been placed
or other accounts in which you have an interest may be taken by
the plaintiff.
If a joint depositor or you do not request an early hearing, there
will be a hearing at the time when you are ordered to appear. At
that hearing, you and a joint depositor are entitled to assert any
exemptions. However, if a joint depositor or you do not request an
early hearing, each account on which a hold has been placed may
not be released until the time you are ordered to appear.
I believe that all or part of the money in my account(s) that may have
been frozen cannot be frozen since the account(s) contain exempt
funds. I would like a hearing at the earliest time.
Check One:
_______ I am the judgment defendant.
_______ I maintain a joint account with the judgment defendant.
(c) The notice required by section 4(b)(3) of this chapter may be
placed on the reverse side of the order to appear directed to the
judgment defendant, in which case the obverse side of the order to
appear shall contain substantially the following legend: "See reverse
side for important information concerning your exemption and other
rights.". However, in any case, the adverse claimant or an attorney
representing the adverse claimant must serve or cause to be served this
notice upon the judgment defendant in accordance with the applicable
rules of court before or promptly after the notice is served upon the
depository financial institution.

Legislative History

As added by P.L.258-1989, SEC.2. Amended by P.L.197-1991, SEC.2.