Indiana § 34-25-3-5 Garnishee's failure to appear or provide information; effect; procedure

Indiana Statutes

§ 34-25-3-5 — Garnishee's failure to appear or provide information; effect; procedure

Indiana § 34-25-3-5

Title 34CIVIL LAW AND PROCEDURE

Art. 25SPECIAL PROCEEDINGS: ATTACHMENT AND

Ch. 3Garnishment

This text of Indiana § 34-25-3-5 (Garnishee's failure to appear or provide information; effect; procedure) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 34-25-3-5 (2026).

Text

(a)This section applies to a garnishee who is summoned and:

(1)fails to appear and provide discovery as required by law; or

(2)fails to answer or demur to the matters set forth against the garnishee in the affidavit, additional complaint, or interrogatories.

(b)When a garnishee fails to provide information as described in subsection (a):

(1)the information may be taken as confessed;

(2)judgment may be entered by default; or

(3)the garnishee may be examined under oath concerning all the matters charged in the affidavit or additional complaint.

(c)Proceedings, pleadings, and process under this section must conform to the practice in other cases, as necessary to determine the rights of the parties and render a final judgment. [Pre-1998 Recodification Citation: 34-1-11-23.]

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(a) This section applies to a garnishee who is
summoned and:
(1) fails to appear and provide discovery as required by law; or
(2) fails to answer or demur to the matters set forth against the
garnishee in the affidavit, additional complaint, or interrogatories.
(b) When a garnishee fails to provide information as described in
subsection (a):
(1) the information may be taken as confessed;
(2) judgment may be entered by default; or
(3) the garnishee may be examined under oath concerning all the
matters charged in the affidavit or additional complaint.
(c) Proceedings, pleadings, and process under this section must
conform to the practice in other cases, as necessary to determine the
rights of the parties and render a final judgment.
[Pre-1998 Recodification Citation: 34-1-11-23.]