Sec. 12. (a) This section applies to a garnishee or an officer of a corporation summoned as a garnishee.
(b) Five (5) or more days after being served with the summons, the garnishee may be examined under oath in open court.
(c) If the examination reveals that at the time the summons was served, or after the service of the summons upon the garnishee, the garnishee or the corporation possessed any property of the defendant or was indebted to the defendant, the court may order:
(1) the delivery of the property and the payment of the indebtedness into court; or
(2) the execution of a written undertaking by the garnishee, with sufficient sureties, to be approved by the court, payable to the plaintiff, to the effect that the indebtedness shall be paid or the property forthcoming as the court shall direct.
[Pre-1998 Recodification Citation: 34-1-11-30.]
As added by P.L.1-1998, SEC.20.
Structure Indiana Code
Title 34. Civil Law and Procedure
Article 25. Special Proceedings: Attachment and Garnishment
34-25-3-1. Officers Subject to Garnishment
34-25-3-2. Personal Actions Arising Upon Contract or Judgment; Affidavit; Undertaking; Summons
34-25-3-3. Accountability of Garnishee to Plaintiff
34-25-3-4. Certificate and Examination of Garnishee; Enforcement
34-25-3-5. Garnishee's Failure to Appear or Provide Information; Effect; Procedure
34-25-3-6. Absconding Garnishee; Order of Arrest
34-25-3-7. Final Judgment Against Garnishee; Discharge of Garnishee; Costs
34-25-3-8. Return of "No Property Found"
34-25-3-9. Judgment Recovered; Liability of Defendant or Garnishee for Costs
34-25-3-10. Compelling Garnishee to Pay or Perform Contracts
34-25-3-11. Payment to Sheriff or Court; Discharge of Garnishee
34-25-3-12. Examination of Garnishee; Delivery of Property and Payment; Undertaking
34-25-3-13. Creditor of Defendant; Intervention in Action
34-25-3-14. Judgment for Plaintiff or Creditor; Execution
34-25-3-15. Procedurally Defective Order; Immunity of Person Who Complies