§ 34-24-4-11 Prejudgment attachment; exemption of property from process; use of assets to satisfy judgment

Codes > Indiana Code > Title 34 > Article 24 : Chapter 4 > 34-24-4-11 Prejudgment

34-24-4-11 Prejudgment attachment; exemption of property from process; use of assets to satisfy judgment

    Sec. 11. (a) Subject to subsection (c), a plaintiff in an action brought under this chapter may request an ex parte prejudgment attachment order from the court against all assets of a defendant sufficient to satisfy a potential award. If attachment is instituted, a defendant is entitled to an immediate hearing. Attachment may be lifted if the defendant:

        (1) demonstrates that the defendant's assets will be available for a potential award; or

        (2) posts a bond in an amount that is sufficient to cover a potential award.

    (b) A person against whom a judgment has been rendered under this chapter (or IC 34-1-70 before its repeal) may not exempt any property from process to levy or process to execute on the judgment.

    (c) Any assets that are:

        (1) sought to satisfy a judgment under this chapter (or IC 34-1-70 before its repeal); and

        (2) involved in a forfeiture action or that have been seized for forfeiture by any state or federal agency;
may not be used to satisfy a judgment until the assets have been released following the conclusion of the forfeiture action or released by the agency that seized the assets.