Sec. 9. (a) If the plaintiff wins judgment against the defendant and before the judgment the garnishee:
(1) delivers to the sheriff:
(A) all the defendant's goods and chattels, or other effects in the garnishee's possession subject to execution; or
(B) an inventory of the items described in subdivision (1)(A); and
(2) pays to the sheriff or into court all money due from the garnishee or belonging to the defendant;
the costs in the proceeding against the garnishee shall be paid by the defendant.
(b) If the garnishee does not appear or appears and refuses to accurately confess the matter alleged and at the trial:
(1) the plaintiff recovers judgment against the garnishee; or
(2) the garnishee admits to having possession of money, credits, or effects belonging to the defendant and refuses to pay or deliver the money, credits, or effects;
the garnishee shall pay costs.
[Pre-1998 Recodification Citation: 34-1-11-27.]
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