§ 34-25-2-1 — Attachment of property at or after filing complaint

Indiana § 34-25-2-1

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 25: SPECIAL PROCEEDINGS: ATTACHMENT AND
• Ch. 2: Attachment

Text

(a) At or after the time of filing a complaint,
the plaintiff may have an attachment against the property of the
defendant, in the cases described in subsection (b) and in the manner
described in this chapter.
(b) The plaintiff may attach property when the action is for the
recovery of money and the defendant:
(1) is, or one (1) of several defendants is, a foreign corporation or
a nonresident of Indiana;
(2) is, or one (1) of several defendants is, secretly leaving or has
left Indiana with intent to defraud:
(A) the defendant's creditors;
(B) the state;
(C) a municipal corporation;
(D) a political subdivision; or
(E) a school corporation (as defined in IC 20-18-2-16(c));
(3) is concealed so that a summons cannot be served upon the
defendant;
(4) is removing or about to remove the defendant's property
subject to execution, or a material part of the property, outside
Indiana, not leaving enough behind to satisfy the plaintiff's claim;
(5) has sold, conveyed, or otherwise disposed of the defendant's
property subject to execution, or permitted the property to be sold
with the fraudulent intent to cheat, hinder, or delay:
(A) the defendant's creditors;
(B) the state;
(C) a municipal corporation;
(D) a political subdivision; or
(E) a school corporation (as defined in IC 20-18-2-16(c)); or
(6) is about to sell, convey, or otherwise dispose of the defendant's
property subject to execution with the fraudulent intent to cheat,
hinder, or delay:
(A) the defendant's creditors;
(B) the state;
(C) a municipal corporation;
(D) a political subdivision; or
(E) a school corporation (as defined in IC 20-18-2-16(c)).
(c) The plaintiff is entitled to an attachment for the causes
mentioned in subsection (b)(2), (b)(4), (b)(5), and (b)(6) whether the
cause of action is due or not.
[Pre-1998 Recodification Citation: 34-1-11-1.]

Legislative History

As added by P.L.1-1998, SEC.20. Amended by P.L.176-2009, SEC.22.