CHAPTER 8. PROCEEDINGS SUPPLEMENTARY TO EXECUTION

IC 34-55-8
    Chapter 8. Proceedings Supplementary to Execution

IC 34-55-8-1
Unsatisfied execution; order requiring judgment debtor to appear
    Sec. 1. If an execution against the property of the judgment debtoror any of several debtors in the same judgment is returnedunsatisfied, in whole or in part, the judgment creditor, after the returnis made, is entitled to an order to be issued by any circuit, superior,or city court in the jurisdiction to which the execution issued thatrequires the judgment debtor to appear before the court to answerconcerning the judgment debtor's property, income, and profitswithin the county to which the execution was issued.
As added by P.L.1-1998, SEC.51.

IC 34-55-8-2
Refusal of judgment debtor to apply assets to judgment; orderrequiring
    Sec. 2. (a) If, after the issuing of an execution against property,the execution plaintiff or other person on the execution plaintiff'sbehalf makes and files with the clerk of any court of record of anycity, county, or township an affidavit:
        (1) stating to the effect that a judgment debtor, residing in theterritorial jurisdiction of the court, has property, income, orprofits that the judgment debtor unjustly refuses to applytoward the satisfaction of the judgment; and
        (2) describing the property, income, or profits;
the court shall issue a subpoena requiring the judgment debtor toappear immediately before the court, at a specified time and place,to answer concerning the affidavit.
    (b) Proceedings described in subsection (a) may subsequently beheld for the application of the property, income, or profits of thejudgment debtor toward the satisfaction of the judgment as providedupon the return of an execution.
As added by P.L.1-1998, SEC.51.

IC 34-55-8-3
Arrest of debtor authorized
    Sec. 3. When the plaintiff or the plaintiff's agent or attorney, at thetime of applying for the order or at any time afterwards, makes andfiles an affidavit with the court, stating that:
        (1) there is danger of the debtor leaving the state or concealinghimself or herself; and
        (2) there is reason to believe the debtor has property, rights,credits, moneys, or effects that the debtor unjustly refuses toapply to the judgment, with intent to defraud the creditor;
the court shall issue to the sheriff of the county an order of arrest andbail.
As added by P.L.1-1998, SEC.51.
IC 34-55-8-4
Arrest of debtor; bond
    Sec. 4. The sheriff, after taking the execution debtor into custodyupon the order of arrest, shall require the execution debtor to enterinto a written undertaking to the plaintiff, with surety, to be approvedby the officer, that:
        (1) the execution debtor will attend before the court and obeythe order made by the court; and
        (2) the execution debtor will not, in the meantime, dispose ofany part of the execution debtor's property that is not exemptfrom execution.
If the execution debtor defaults on the written undertaking, theexecution debtor shall be committed to prison. Upon breach of thewritten undertaking, the plaintiff is entitled to the amount of thevalue of the property unlawfully withheld or disposed of.
As added by P.L.1-1998, SEC.51.

IC 34-55-8-5
Third parties; when required to appear
    Sec. 5. (a) Except as provided in subsections (b) and (c):
        (1) after the issuing or return of an execution against theproperty of the judgment debtor or any one (1) of the severaldebtors in the same judgment; and
        (2) upon an affidavit that any person, corporation (municipal orotherwise), the state, or any subdivision or agency of the state:
            (A) has property of the judgment debtor; or
            (B) is or will be periodically indebted to the judgment debtorin any amount (although the amount shall be determinedperiodically as it becomes due and payable, which togetherwith other property claimed by the judgment debtor asexempt from execution, exceeds the amount of propertyexempt by law);
        such person, corporation, any member of the corporation, theauditor of state, or auditing officer of the municipalcorporations, subdivisions, or agencies of the state may berequired to appear and answer concerning the affidavit, asprovided by this chapter.
    (b) The persons described in this section shall not be required toappear personally in court unless the judge of the court orders theirpersonal appearance.
    (c) The court may order interrogatories to be submitted and theinterrogatories to be answered by the persons described in subsection(a). The interrogatories shall be submitted by the parties. The clerkof the court shall transmit by registered mail a copy of:
        (1) the interrogatories, with blanks for answer; and
        (2) the order of the court ordering the interrogatories answered;
to the person, corporation, member of the corporation, the auditor ofstate, or the auditing officer of the municipal corporations,subdivisions, or agencies of the state required to answer theinterrogatories. On receipt of the interrogatories and order, the

person, corporation, member of the corporation, auditor of state, orthe auditing officer of the municipal corporations, subdivisions, oragencies of the state shall answer the interrogatories and return theinterrogatories to the clerk by registered mail or personally. Thecourt may compel answers to the interrogatories.
As added by P.L.1-1998, SEC.51.

IC 34-55-8-6
Witnesses
    Sec. 6. (a) Witnesses may be required to appear and testify in theproceeding provided for in this chapter.
    (b) Either party may examine the other as a witness in the samemanner as upon the trial of an issue, or the plaintiff may waive theanswer of the debtor and rely upon other testimony.
    (c) All examinations and answers under this section shall be madeon the oath of the party. However, when a corporation answers, theanswers shall be on the oath of an officer of the corporation.
As added by P.L.1-1998, SEC.51.

IC 34-55-8-7
Order requiring application of property to debt and forbiddingtransfer; liens; order for placing hold on deposit account; hearing;order releasing hold
    Sec. 7. (a) After a hearing of which the judgment debtor has beennotified, the court may order:
        (1) any property, income, or profits of the judgment debtor notexempt from execution or process, in the hands either of thejudgment debtor or of any other person; or
        (2) any debt due to the judgment debtor;
to be applied to the satisfaction of the judgment and forbid transfersof property and choses in action.
    (b) The judge may order that:
        (1) the judgment or execution is a continuing lien upon theincome or profits of the judgment debtor in the hands either ofthe judgment debtor or any other person, governmental officer,or corporation from the date the order is served upon theperson, governmental officer, or corporation indebted to thejudgment debtor to the extent that the lien, together with allsimilar liens, is permitted under IC 24-4.5-5-105; and
        (2) the court may enforce all orders and decrees in the premises,by attachment or otherwise.
    (c) A court in an action for proceedings supplementary toexecution shall issue an order directing a depository financialinstitution (as defined in IC 28-9-2) to place a hold on a depositaccount in which the judgment debtor has an interest, eitherindividually or jointly with another person, whenever the conditionsprescribed under IC 28-9-3-4(d)(1) through IC 28-9-3-4(d)(3) aremet. An order issued under:
        (1) is subject to the limitations as to duration of the restrictionand the amount to be restricted as specified under IC 28-9-4-2;

and
        (2) may be terminated or modified to reflect valid exemptionsof a depositor that the court has considered.
    (d) If an order for the placing of a hold on a deposit account isissued under subsection (c), a person whose deposit account isaffected may request a hearing from the court on the matter of:
        (1) the person's right to claim certain funds in the person'sdeposit account as exempt from garnishment; and
        (2) whether the hold should be removed by the court.
    (e) If a court receives a request for a hearing under subsection (d),the court shall hold a hearing on the matter within five (5) days(excluding Saturdays, Sundays, and legal holidays) after the courtreceives the request.
    (f) If a person whose deposit account is affected by the orderissued under subsection (c) files an affidavit with the court statingthat the funds in the account are exempt from garnishment, the courtmay issue an order releasing the hold on the account without firstconducting a hearing.
As added by P.L.1-1998, SEC.51. Amended by P.L.1-1999, SEC.76.

IC 34-55-8-8
Cost of proceedings
    Sec. 8. Costs shall be awarded and taxed in a proceeding underthis chapter as in other cases.
As added by P.L.1-1998, SEC.51.

IC 34-55-8-9
Proceedings to be summary
    Sec. 9. All proceedings under this chapter, after the order has beenmade requiring parties to appear and answer, shall be summary,without further pleadings, upon the oral examination and testimonyof parties and witnesses. However, the sufficiency of the order andof the affidavit first filed by the plaintiff may be tested by:
        (1) demurrer;
        (2) motion to dismiss; or
        (3) motion to strike.
As added by P.L.1-1998, SEC.51.