§ 34-25-3-2 — Personal actions arising upon contract or judgment; affidavit; undertaking; summons

Indiana § 34-25-3-2

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

Text

(a) In all personal actions arising upon
contract, express or implied, or upon a judgment or decree of any court,
if at the time the action is commenced or at any time afterwards,
whether a writ of attachment has been issued or not, the plaintiff, or a
person representing the plaintiff, shall file with the clerk an affidavit
that the plaintiff has good reason to believe, and does believe, that the
person named in the affidavit:
(1) has property of the defendant in the person's possession or
under the person's control;
(2) is indebted to the defendant;
(3) has the control or agency of any property, money, credits, or
effects of the defendant; or
(4) has control over the defendant's share or interest in the stock
of any association or corporation.
(b) The plaintiff shall file a written undertaking, as described in IC 34-25-2-5, payable to the defendant, with freehold surety to be
approved by the clerk, stating that the plaintiff will:
(1) prosecute the proceedings in garnishment to effect; and
(2) pay to the defendant all damages the defendant may sustain if
the proceedings are wrongful and oppressive.
(c) The clerk shall issue a summons notifying the person,
association, or corporation to appear at the court and answer as
garnishee in the action. The summons must contain the name and
address of the defendant. The summons shall be served in the manner
provided by the Indiana rules of trial procedure.
[Pre-1998 Recodification Citation: 34-1-11-20.]

Legislative History

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