§ 34-25-3-9 — Judgment recovered; liability of defendant or garnishee for costs

Indiana § 34-25-3-9

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

Text

(a) If the plaintiff wins judgment against the
defendant and before the judgment the garnishee:
(1) delivers to the sheriff:
(A) all the defendant's goods and chattels, or other effects in the
garnishee's possession subject to execution; or
(B) an inventory of the items described in subdivision (1)(A);
and
(2) pays to the sheriff or into court all money due from the
garnishee or belonging to the defendant;
the costs in the proceeding against the garnishee shall be paid by the
defendant.
(b) If the garnishee does not appear or appears and refuses to
accurately confess the matter alleged and at the trial:
(1) the plaintiff recovers judgment against the garnishee; or
(2) the garnishee admits to having possession of money, credits,
or effects belonging to the defendant and refuses to pay or deliver
the money, credits, or effects;
the garnishee shall pay costs.
[Pre-1998 Recodification Citation: 34-1-11-27.]

Legislative History

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