Sec. 1. (a) At or after the time of filing a complaint, the plaintiff may have an attachment against the property of the defendant, in the cases described in subsection (b) and in the manner described in this chapter.
(b) The plaintiff may attach property when the action is for the recovery of money and the defendant:
(1) is, or one (1) of several defendants is, a foreign corporation or a nonresident of Indiana;
(2) is, or one (1) of several defendants is, secretly leaving or has left Indiana with intent to defraud:
(A) the defendant's creditors;
(B) the state;
(C) a municipal corporation;
(D) a political subdivision; or
(E) a school corporation (as defined in IC 20-18-2-16(c));
(3) is concealed so that a summons cannot be served upon the defendant;
(4) is removing or about to remove the defendant's property subject to execution, or a material part of the property, outside Indiana, not leaving enough behind to satisfy the plaintiff's claim;
(5) has sold, conveyed, or otherwise disposed of the defendant's property subject to execution, or permitted the property to be sold with the fraudulent intent to cheat, hinder, or delay:
(A) the defendant's creditors;
(B) the state;
(C) a municipal corporation;
(D) a political subdivision; or
(E) a school corporation (as defined in IC 20-18-2-16(c)); or
(6) is about to sell, convey, or otherwise dispose of the defendant's property subject to execution with the fraudulent intent to cheat, hinder, or delay:
(A) the defendant's creditors;
(B) the state;
(C) a municipal corporation;
(D) a political subdivision; or
(E) a school corporation (as defined in IC 20-18-2-16(c)).
(c) The plaintiff is entitled to an attachment for the causes mentioned in subsection (b)(2), (b)(4), (b)(5), and (b)(6) whether the cause of action is due or not.
[Pre-1998 Recodification Citation: 34-1-11-1.]
As added by P.L.1-1998, SEC.20. Amended by P.L.176-2009, SEC.22.
Structure Indiana Code
Title 34. Civil Law and Procedure
Article 25. Special Proceedings: Attachment and Garnishment
34-25-2-1. Attachment of Property at or After Filing Complaint
34-25-2-3. Concealment of Debtor's Absence by Spouse or Family
34-25-2-4. Plaintiff's Affidavit
34-25-2-5. Plaintiff's Undertaking
34-25-2-6. Order of Attachment
34-25-2-8. Issuance of Execution of Order on Sunday
34-25-2-9. Assistance of Householder; Inventory; Appraisement
34-25-2-10. Order Becomes Lien on Property
34-25-2-11. Order in Which Property Taken; Pursuing Property in Another County
34-25-2-12. Undertaking by Defendant or Person Having Possession of Property
34-25-2-13. Third Party's Duty to Prosecute Claim
34-25-2-14. Duty of Defendant or Claimant to Give Information Under Oath
34-25-2-15. Lien on Goods Attached in Hands of Consignee
34-25-2-16. Undertaking by Defendant; Discharge of Attachment; Restitution of Property
34-25-2-17. Property That Is Perishable or Expensive to Keep; Procedure for Sale at Public Auction
34-25-2-18. Allowance of Sheriff's Expenses of Keeping Attached Property
34-25-2-19. Effect of Dismissal by First Attaching Creditor
34-25-2-20. Motion for Discharge and Restitution; Undertaking; Judgment for Plaintiff
34-25-2-21. Judgment for Defendant; Appeal
34-25-2-22. Judgment for Plaintiff; Execution
34-25-2-23. Action on Undertaking; Damages