§ 34-25-3-2 Personal actions arising upon contract or judgment; affidavit; undertaking; summons

Codes > Indiana Code > Title 34 > Article 25 : Chapter 3 > 34-25-3-2 Personal

34-25-3-2 Personal actions arising upon contract or judgment; affidavit; undertaking; summons

    Sec. 2. (a) In all personal actions arising upon contract, express or implied, or upon a judgment or decree of any court, if at the time the action is commenced or at any time afterwards, whether a writ of attachment has been issued or not, the plaintiff, or a person representing the plaintiff, shall file with the clerk an affidavit that the plaintiff has good reason to believe, and does believe, that the person named in the affidavit:

        (1) has property of the defendant in the person's possession or under the person's control;

        (2) is indebted to the defendant;

        (3) has the control or agency of any property, money, credits, or effects of the defendant; or

        (4) has control over the defendant's share or interest in the stock of any association or corporation.

    (b) The plaintiff shall file a written undertaking, as described in IC 34-25-2-5, payable to the defendant, with freehold surety to be approved by the clerk, stating that the plaintiff will:

        (1) prosecute the proceedings in garnishment to effect; and

        (2) pay to the defendant all damages the defendant may sustain if the proceedings are wrongful and oppressive.

    (c) The clerk shall issue a summons notifying the person, association, or corporation to appear at the court and answer as garnishee in the action. The summons must contain the name and address of the defendant. The summons shall be served in the manner provided by the Indiana rules of trial procedure.