§ 34-55-8-5 — Third parties; when required to appear

Indiana § 34-55-8-5

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

Text

(a) Except as provided in subsections (b) and
(c):
(1) after the issuing or return of an execution against the property
of the judgment debtor or any one (1) of the several debtors in the
same judgment; and
(2) upon an affidavit that any person, corporation (municipal or
otherwise), the state, or any subdivision or agency of the state:
(A) has property of the judgment debtor; or
(B) is or will be periodically indebted to the judgment debtor in
any amount (although the amount shall be determined
periodically as it becomes due and payable, which together with
other property claimed by the judgment debtor as exempt from
execution, exceeds the amount of property exempt by law);
such person, corporation, any member of the corporation, the state
comptroller, or auditing officer of the municipal corporations,
subdivisions, or agencies of the state may be required to appear
and answer concerning the affidavit, as provided by this chapter.
(b) The persons described in this section shall not be required to
appear personally in court unless the judge of the court orders their
personal appearance.
(c) The court may order interrogatories to be submitted and the
interrogatories to be answered by the persons described in subsection
(a). The interrogatories shall be submitted by the parties. The clerk of
the court shall transmit by registered mail a copy of:
(1) the interrogatories, with blanks for answer; and
(2) the order of the court ordering the interrogatories answered;
to the person, corporation, member of the corporation, the state
comptroller, or the auditing officer of the municipal corporations,
subdivisions, or agencies of the state required to answer the
interrogatories. On receipt of the interrogatories and order, the person,
corporation, member of the corporation, state comptroller, or the
auditing officer of the municipal corporations, subdivisions, or
agencies of the state shall answer the interrogatories and return the
interrogatories to the clerk by registered mail or personally. The court
may compel answers to the interrogatories.
[Pre-1998 Recodification Citation: 34-1-44-5.]

Legislative History

As added by P.L.1-1998, SEC.51. Amended by P.L.9-2024, SEC.531.