Sec. 5. (a) This section applies to a garnishee who is summoned and:
(1) fails to appear and provide discovery as required by law; or
(2) fails to answer or demur to the matters set forth against the garnishee in the affidavit, additional complaint, or interrogatories.
(b) When a garnishee fails to provide information as described in subsection (a):
(1) the information may be taken as confessed;
(2) judgment may be entered by default; or
(3) the garnishee may be examined under oath concerning all the matters charged in the affidavit or additional complaint.
(c) Proceedings, pleadings, and process under this section must conform to the practice in other cases, as necessary to determine the rights of the parties and render a final judgment.
[Pre-1998 Recodification Citation: 34-1-11-23.]
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