§ 34-55-13-1 — Unpaid judgment; writs directed to agent or employee

Indiana § 34-55-13-1

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 55: EXECUTION OF JUDGMENTS
• Ch. 13: Collection of Judgments Against Railroad Companies

Text

(a) Whenever any judgment rendered in any
court against any railroad company owning or operating a line of
railroad in or running into or through Indiana remains unpaid for one
(1) year after the rendition of the judgment, exclusive of the time
execution of the judgment is stayed by appeal or supersedeas, the
owner of the judgment may file a complaint against the railroad
company alleging such facts and cause summons to be issued on the
complaint as in other civil cases.
(b) When summons has been served on the railroad company
defendant at least ten (10) days before the first day of the term of court
at which the complaint is to be heard, the court shall order a writ to
issue, directed to the sheriff of the proper county, for any agent,
conductor, or employee of the railroad company, or of the lessee,
receiver, or assignee of the company, named in the motion, to:
(1) appear immediately or at such time as the court may direct;
and
(2) answer upon oath as to the:
(A) amount of money in the person's hands, if any, belonging to
the company or to the assignee, lessee, or receiver; and
(B) probable amount of money receivable by the agent,
conductor, or employee belonging to the railroad company,
lessee, assignee, or receiver.
(c) If the agent, conductor, or employee answers that one (1) or
more of them have any money belonging to the company or to the
assignee, lessee, or receiver or that they are in the constant receipt of
money as agent, conductor, or employee, the court shall order the
agent, conductor, or employee to pay into the clerk's office of the court,
at such times as named by the court, the portions of the money so held
or receivable, not exceeding fifty percent (50%) of the amount, as may
be determined just by the court until the judgment and costs are fully
paid and satisfied.
(d) This section does not affect the liens of laborers or the priority
of claims and judgments of laborers, employees, and materialmen.
[Pre-1998 Recodification Citation: 34-2-23-1.]

Legislative History

As added by P.L.1-1998, SEC.51.