§ 34-25-3-12 Examination of garnishee; delivery of property and payment of indebtedness; undertaking

Codes > Indiana Code > Title 34 > Article 25 : Chapter 3 > 34-25-3-12 Examination

34-25-3-12 Examination of garnishee; delivery of property and payment of indebtedness; undertaking

    Sec. 12. (a) This section applies to a garnishee or an officer of a corporation summoned as a garnishee.

        (b) Five (5) or more days after being served with the summons, the garnishee may be examined under oath in open court.

        (c) If the examination reveals that at the time the summons was served, or after the service of the summons upon the garnishee, the garnishee or the corporation possessed any property of the defendant or was indebted to the defendant, the court may order:

        (1) the delivery of the property and the payment of the indebtedness into court; or

        (2) the execution of a written undertaking by the garnishee, with sufficient sureties, to be approved by the court, payable to the plaintiff, to the effect that the indebtedness shall be paid or the property forthcoming as the court shall direct.