CHAPTER 13. COLLECTION OF JUDGMENTS AGAINST RAILROAD COMPANIES
IC 34-55-13
Chapter 13. Collection of Judgments Against Railroad Companies
IC 34-55-13-1
Unpaid judgment; writs directed to agent or employee
Sec. 1. (a) Whenever any judgment rendered in any court againstany railroad company owning or operating a line of railroad in orrunning into or through Indiana remains unpaid for one (1) year afterthe rendition of the judgment, exclusive of the time execution of thejudgment is stayed by appeal or supersedeas, the owner of thejudgment may file a complaint against the railroad company allegingsuch facts and cause summons to be issued on the complaint as inother civil cases.
(b) When summons has been served on the railroad companydefendant at least ten (10) days before the first day of the term ofcourt at which the complaint is to be heard, the court shall order awrit to issue, directed to the sheriff of the proper county, for anyagent, conductor, or employee of the railroad company, or of thelessee, receiver, or assignee of the company, named in the motion, to:
(1) appear immediately or at such time as the court may direct;and
(2) answer upon oath as to the:
(A) amount of money in the person's hands, if any, belongingto the company or to the assignee, lessee, or receiver; and
(B) probable amount of money receivable by the agent,conductor, or employee belonging to the railroad company,lessee, assignee, or receiver.
(c) If the agent, conductor, or employee answers that one (1) ormore of them have any money belonging to the company or to theassignee, lessee, or receiver or that they are in the constant receipt ofmoney as agent, conductor, or employee, the court shall order theagent, conductor, or employee to pay into the clerk's office of thecourt, at such times as named by the court, the portions of the moneyso held or receivable, not exceeding fifty percent (50%) of theamount, as may be determined just by the court until the judgmentand costs are fully paid and satisfied.
(d) This section does not affect the liens of laborers or the priorityof claims and judgments of laborers, employees, and materialmen.
As added by P.L.1-1998, SEC.51.
IC 34-55-13-2
Certain laws unaffected
Sec. 2. This chapter (and IC 34-2-23 before its repeal) are notintended to repeal any law or part of law in effect on April 27, 1899,in relation to the collection of judgments against railroad companies.
As added by P.L.1-1998, SEC.51.