Indiana § 34-55-8-2 - Refusal of judgment debtor to apply assets to judgment; order requiring

§ 34-55-8-2. Refusal of judgment debtor to apply assets to judgment; order requiring

Sec. 2. (a) If, after the issuing of an execution against property, the execution plaintiff or other person on the execution plaintiff's behalf makes and files with the clerk of any court of record of any city, county, or township an affidavit:

(1) stating to the effect that a judgment debtor, residing in the territorial jurisdiction of the court, has property, income, or profits that the judgment debtor unjustly refuses to apply toward the satisfaction of the judgment; and

(2) describing the property, income, or profits;

the court shall issue a subpoena requiring the judgment debtor to appear immediately before the court, at a specified time and place, to answer concerning the affidavit.

(b) Proceedings described in subsection (a) may subsequently be held for the application of the property, income, or profits of the judgment debtor toward the satisfaction of the judgment as provided upon the return of an execution.

[Pre-1998 Recodification Citation: 34-1-44-2.]

As added by P.L.1-1998, SEC.51.