§ 34-47-4-2 — Writ of attachment of the body of the person

Indiana § 34-47-4-2

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 47: CONTEMPT OF COURT
• Ch. 4: Contempt Citations and Writs of Attachment

Text

(a) For the purpose of procuring personal
jurisdiction over a person who has allegedly violated a court order or
who is otherwise in contempt of court, the court may issue a writ of
attachment of the body of the person.
(b) A writ of attachment issued under subsection (a) shall:
(1) be directed to a sheriff or assisting sheriff; and
(2) fix an amount of:
(A) bail, if the order that the person has allegedly violated does
not concern a child support obligation; or
(B) escrow, if the order that the person has allegedly violated
concerns a child support obligation.
(c) A sheriff or assisting sheriff who receives an order under this
section shall immediately:
(1) serve the writ; and
(2) take the person into custody.
A sheriff may serve a writ of attachment and take the person into
custody in any county.
(d) If an assisting sheriff takes a person into custody, the assisting
sheriff shall notify the sheriff. The sheriff, after notification, shall
immediately return the person to the county in which the writ was
issued and take the person before the court that issued the writ.
However, the sheriff may release the person:
(1) on bail as in criminal matters; or
(2) after any person has deposited the amount of escrow in
accordance with subsection (e).
(e) The escrow shall be:
(1) deposited with the clerk of the court;
(2) an amount:
(A) fixed by the court; and
(B) not more than any delinquent child support allegedly owed
by the person to another; and
(3) subject to a court ordered attachment for satisfaction of
delinquent child support and interest under IC 31-16-12-2 and IC 31-14-12-1 (before its repeal).
(f) All escrow money collected under this section (or IC 34-4-9-2.1
before its repeal) by the clerk of the court shall be deposited into a
single account. The clerk shall:
(1) keep an accounting of all money transferred to the escrow
account;
(2) issue a receipt to any person who transfers money to the clerk
under this section; and
(3) transfer money from the escrow account only under an order
from the court that issued the writ of attachment under subsection
(a).
[Pre-1998 Recodification Citations: 34-4-9-2.1(b);
34-4-9-2.1(c); 34-4-9-2.1(d); 34-4-9-2.1(e); 34-4-9-2.1(f).]

Legislative History

As added by P.L.1-1998, SEC.43. Amended by P.L.207-2013, SEC.52.