Indiana § 34-55-8-5 - Third parties; when required to appear

§ 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 the property of the judgment debtor or any one (1) of the several debtors in the same judgment; and

(2) upon an affidavit that any person, corporation (municipal or otherwise), 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 debtor in any amount (although the amount shall be determined periodically as it becomes due and payable, which together with other property claimed by the judgment debtor as exempt from execution, exceeds the amount of property exempt by law);

such person, corporation, any member of the corporation, the state comptroller, or auditing officer of the municipal corporations, subdivisions, or agencies of the state may be required to appear and answer concerning the affidavit, as provided by this chapter.

(b) The persons described in this section shall not be required to appear personally in court unless the judge of the court orders their personal appearance.

(c) The court may order interrogatories to be submitted and the interrogatories to be answered by the persons described in subsection (a). The interrogatories shall be submitted by the parties. The clerk of 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 state comptroller, or the auditing officer of the municipal corporations, subdivisions, or agencies of the state required to answer the interrogatories. On receipt of the interrogatories and order, the person, corporation, member of the corporation, state comptroller, or the auditing officer of the municipal corporations, subdivisions, or agencies of the state shall answer the interrogatories and return the interrogatories to the clerk by registered mail or personally. The court may compel answers to the interrogatories.

[Pre-1998 Recodification Citation: 34-1-44-5.]

As added by P.L.1-1998, SEC.51. Amended by P.L.9-2024, SEC.531.