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 against
any railroad company owning or operating a line of railroad in or
running into or through Indiana remains unpaid for one (1) year after
the rendition of the judgment, exclusive of the time execution of the
judgment is stayed by appeal or supersedeas, the owner of the
judgment may file a complaint against the railroad company alleging
such facts and cause summons to be issued on the complaint as in
other civil cases.
(b) When summons has been served on the railroad company
defendant at least ten (10) days before the first day of the term of
court at which the complaint is to be heard, the court shall order a
writ to issue, directed to the sheriff of the proper county, for any
agent, conductor, or employee of the railroad company, or of the
lessee, 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, belonging
to 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) or
more of them have any money belonging to the company or to the
assignee, lessee, or receiver or that they are in the constant receipt of
money as agent, conductor, or employee, the court shall order the
agent, conductor, or employee to pay into the clerk's office of the
court, at such times as named by the court, the portions of the money
so held or receivable, not exceeding fifty percent (50%) of the
amount, as may be determined just by the court until the judgment
and costs are fully paid and satisfied.
(d) This section does not affect the liens of laborers or the priority
of 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 not
intended 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.
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 against
any railroad company owning or operating a line of railroad in or
running into or through Indiana remains unpaid for one (1) year after
the rendition of the judgment, exclusive of the time execution of the
judgment is stayed by appeal or supersedeas, the owner of the
judgment may file a complaint against the railroad company alleging
such facts and cause summons to be issued on the complaint as in
other civil cases.
(b) When summons has been served on the railroad company
defendant at least ten (10) days before the first day of the term of
court at which the complaint is to be heard, the court shall order a
writ to issue, directed to the sheriff of the proper county, for any
agent, conductor, or employee of the railroad company, or of the
lessee, 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, belonging
to 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) or
more of them have any money belonging to the company or to the
assignee, lessee, or receiver or that they are in the constant receipt of
money as agent, conductor, or employee, the court shall order the
agent, conductor, or employee to pay into the clerk's office of the
court, at such times as named by the court, the portions of the money
so held or receivable, not exceeding fifty percent (50%) of the
amount, as may be determined just by the court until the judgment
and costs are fully paid and satisfied.
(d) This section does not affect the liens of laborers or the priority
of 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 not
intended 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.
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 against
any railroad company owning or operating a line of railroad in or
running into or through Indiana remains unpaid for one (1) year after
the rendition of the judgment, exclusive of the time execution of the
judgment is stayed by appeal or supersedeas, the owner of the
judgment may file a complaint against the railroad company alleging
such facts and cause summons to be issued on the complaint as in
other civil cases.
(b) When summons has been served on the railroad company
defendant at least ten (10) days before the first day of the term of
court at which the complaint is to be heard, the court shall order a
writ to issue, directed to the sheriff of the proper county, for any
agent, conductor, or employee of the railroad company, or of the
lessee, 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, belonging
to 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) or
more of them have any money belonging to the company or to the
assignee, lessee, or receiver or that they are in the constant receipt of
money as agent, conductor, or employee, the court shall order the
agent, conductor, or employee to pay into the clerk's office of the
court, at such times as named by the court, the portions of the money
so held or receivable, not exceeding fifty percent (50%) of the
amount, as may be determined just by the court until the judgment
and costs are fully paid and satisfied.
(d) This section does not affect the liens of laborers or the priority
of 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 not
intended 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.
