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Local Rule - State of Indiana

Local Rule - State of Indiana

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(5) the judgment creditor or attorney has supplied the Clerk <strong>of</strong> Court withsufficient identifiers to allow the civil sheriff to proceed with bodyattachment.1020.30 Procedure for Contacting Judgment Creditor When Attached Person is inCustody. Whenever a judgment defendant has been arrested on a Writ <strong>of</strong> Body Attachment, ahearing shall be conducted at the earliest convenience <strong>of</strong> the court. When creditor/plaintiff isunrepresented, the Court shall conduct hearing without notice to all parties. If creditor isrepresented, counsel for creditor shall be given the opportunity to appear and conduct proceedingssupplemental to judgment. Should counsel waive appearance or fail to appear, the Court shall setbond, if appropriate, and issue an order for debtor to appear at future court hearings.1020.40 Judgment Debtor in Jail. No bench warrant or body attachment shall issue for ajudgment debtor already incarcerated on an unrelated matter. A Judgment Debtor shall check theDepartment <strong>of</strong> Correction Locator Website to determine whether the debtor is incarcerated in<strong>Indiana</strong>. If incarcerated in the Porter County Jail, the judgment creditor or attorney shall proceed tothe jail to conduct proceedings supplemental to judgment.1020.50 Setting <strong>of</strong> Cash Bond. The Court shall set an appropriate bond for the release <strong>of</strong>the judgment defendant from incarceration and upon promise to appear for future courtproceedings. The Courts shall agree upon the appropriate cash bond to guarantee futureappearance, which shall not be in the amount <strong>of</strong> the judgment due.1020.60 Recall <strong>of</strong> Body Attachments. A judgment creditor or attorney must timely seekto have a bench warrant or body attachment recalled, when appropriate. Upon timely filing <strong>of</strong> aMotion to Recall Warrant or Body Attachment, the Court shall notify the Civil Bureau <strong>of</strong> theSheriff to recall the warrant.LR64-SC00-1030GARNISHMENT1030.10 General Procedure. All garnishment proceedings shall be subject to theapproval <strong>of</strong> the Court.1030.20 Requirements for Garnishment Order to Issue. A garnishment order shallnot issue with respect to a judgment debtor's wages or other property without:(1) an active proceeding supplemental as to the judgment debtor;(2) service on the garnishee-defendant <strong>of</strong> the proceeding supplementalby:(a) first-class mail, certified mail, or refusal there<strong>of</strong>,(b) Sheriff's service, or;(c) private process server; and(3) return <strong>of</strong> answered interrogatories, other verification <strong>of</strong> employmentby the garnishee-defendant, or failure to answer interrogatories afternotice.16

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