§ 34-25-3-12 — Examination of garnishee; delivery of property and payment; undertaking

Indiana § 34-25-3-12

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 25: SPECIAL PROCEEDINGS: ATTACHMENT AND
• Ch. 3: Garnishment

Text

(a) This section applies to a garnishee or an
officer of a corporation summoned as a garnishee.
(b) Five (5) or more days after being served with the summons, the
garnishee may be examined under oath in open court.
(c) If the examination reveals that at the time the summons was
served, or after the service of the summons upon the garnishee, the
garnishee or the corporation possessed any property of the defendant
or was indebted to the defendant, the court may order:
(1) the delivery of the property and the payment of the
indebtedness into court; or
(2) the execution of a written undertaking by the garnishee, with
sufficient sureties, to be approved by the court, payable to the
plaintiff, to the effect that the indebtedness shall be paid or the
property forthcoming as the court shall direct.
[Pre-1998 Recodification Citation: 34-1-11-30.]

Legislative History

As added by P.L.1-1998, SEC.20.