§ 34-55-8-2 — Refusal of judgment debtor to apply assets to judgment; order requiring

Indiana § 34-55-8-2

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 55: EXECUTION OF JUDGMENTS
• Ch. 8: Proceedings Supplementary to Execution

Text

(a) If, after the issuing of an execution against
property, the execution plaintiff or other person on the execution
plaintiff's behalf makes and files with the clerk of any court of record
of any city, county, or township an affidavit:
(1) stating to the effect that a judgment debtor, residing in the
territorial jurisdiction of the court, has property, income, or profits
that the judgment debtor unjustly refuses to apply toward the
satisfaction of the judgment; and
(2) describing the property, income, or profits;
the court shall issue a subpoena requiring the judgment debtor to
appear immediately before the court, at a specified time and place, to
answer concerning the affidavit.
(b) Proceedings described in subsection (a) may subsequently be
held for the application of the property, income, or profits of the
judgment debtor toward the satisfaction of the judgment as provided
upon the return of an execution.
[Pre-1998 Recodification Citation: 34-1-44-2.]

Legislative History

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