Sec. 6. If the plaintiff or person representing the plaintiff files an affidavit with the clerk stating that the plaintiff or person:
(1) fears that the garnishee will abscond before judgment with intent to defraud the plaintiff; and
(2) believes that the garnishee:
(A) has money, things in action, goods, chattels, or effects of the defendant in the garnishee's possession; or
(B) is indebted to the defendant;
the clerk shall issue an order of arrest against the garnishee and hold the garnishee to bail as in a civil action.
[Pre-1998 Recodification Citation: 34-1-11-24.]
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