CHAPTER 1. GENERAL PROVISIONS APPLYING TO ATTACHMENT AND GARNISHMENT
IC 34-25
ARTICLE 25. SPECIAL PROCEEDINGS:ATTACHMENT AND GARNISHMENT
IC 34-25-1
Chapter 1. General Provisions Applying to Attachment andGarnishment
IC 34-25-1-1
Execution of judgments; law governing
Sec. 1. The execution of judgments is governed by IC 34-55.
As added by P.L.1-1998, SEC.20.
IC 34-25-1-2
Nonresidents; personal earnings or wages
Sec. 2. Indiana courts do not have and shall not entertainjurisdiction in any action of attachment, garnishment, orsupplementary proceeding, when:
(1) the plaintiff and principal defendant are both nonresidentsof Indiana; and
(2) the money sought to be reached by the attachment,garnishment, or supplementary proceedings is the personalearnings or wages due or owing to the principal defendant froma person or corporation doing business in Indiana.
As added by P.L.1-1998, SEC.20.
IC 34-25-1-3
Judgment for attachment or garnishment; service and venuerequirements
Sec. 3. The plaintiff is not entitled to judgment in an action forattachment or garnishment unless:
(1) the defendant is personally served with process;
(2) the property of the defendant is attached in the county wherethe action is brought; or
(3) a garnishee is summoned in the county where the action isbrought, who is indebted to the defendant, or has possession ofproperty or assets subject to the attachment.
As added by P.L.1-1998, SEC.20.
IC 34-25-1-4
Payment of costs and expenses; proportional payment of multiplecreditors; surplus
Sec. 4. The money realized from the attachment and thegarnishees, under the direction of the court, and after paying all costsand expenses, shall be paid to the several creditors in proportion tothe amount of their several claims as adjusted. The surplus, if any,shall be paid to the defendant.
As added by P.L.1-1998, SEC.20.