Sec. 2. (a) The clerk:

(1) shall keep:

Terms Used In Indiana Code 33-32-3-2

  • clerk: means a clerk of the circuit court elected and qualified under Article 6, Sections 2 and 4 of the Constitution of the State of Indiana. See Indiana Code 33-32-1-1
  • Conviction: A judgement of guilt against a criminal defendant.
  • Docket: A log containing brief entries of court proceedings.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Statute: A law passed by a legislature.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(A) a circuit court judgment docket; and

(B) a judgment docket for each court served by the clerk under IC 33-32-2-1; and

(2) is the official keeper of:

(A) the circuit court judgment docket; and

(B) the judgment docket for each court served by the clerk under IC 33-32-2-1.

     (b) A judgment docket described in subsection (a):

(1) must contain:

(A) all civil judgments in which one (1) party owes money to another party, including any court costs awarded to a judgment creditor; and

(B) any entry that is required by a statute; and

(2) may not include:

(A) judgments in which money is owed by a person to a state, a county, or another governmental entity as a result of:

(i) a criminal conviction; or

(ii) a violation of an infraction or ordinance; or

(B) judgments in which the state, a county, or another governmental entity is the sole creditor, except for:

(i) cases in which the state obtains a judgment for unpaid taxes; or

(ii) any entry that is required by statute.

     (c) The clerk may keep a judgment docket in:

(1) an electronic format;

(2) a paper format; or

(3) both an electronic and a paper format.

     (d) Upon the filing in the office of the clerk a statement or transcript of any judgment for the recovery of money or costs, the clerk shall enter, and index in alphabetical order, in this judgment docket a statement of the judgment showing the following:

(1) The names of all the parties.

(2) The name of the court.

(3) The number of the cause.

(4) The book and page of the record in which the judgment is recorded.

(5) The date the judgment is entered and indexed.

(6) The date of the rendition of judgment.

(7) The amount of the judgment and the amount of costs.

     (e) If a judgment is against several persons, the statement required to be entered under subsection (d) shall be repeated under the name of each judgment debtor in alphabetical order.

     (f) A person interested in any judgment for money or costs that has been rendered by any state court, or by any federal court of general original jurisdiction sitting in Indiana, may have the judgment entered upon the circuit court judgment docket by filing with the clerk:

(1) a verified statement setting forth the facts required under subsection (d); or

(2) a verified copy of the judgment certified under the seal of the court that rendered the judgment.

     (g) The judgment docket shall be made available for public inspection at the office of the clerk during regular office hours. If a judgment docket is kept in an electronic format:

(1) the judgment docket must be searchable; and

(2) a member of the public must be able to:

(A) search the judgment docket for the name of a specific party; and

(B) obtain a list of all judgments in the judgment docket concerning the party.

     (h) If the wages of a judgment debtor are being garnished, a clerk is not required to notify the employer of the judgment debtor to suspend the garnishment after the judgment is satisfied. A request to suspend the garnishment must be submitted by the judgment debtor to the court that rendered the judgment. The clerk is not required to take any action under this subsection concerning a garnishment other than to obey the orders of the court that rendered the judgment.

[Pre-2004 Recodification Citation: 33-17-2-3.]

As added by P.L.98-2004, SEC.11. Amended by P.L.78-2014, SEC.8; P.L.55-2015, SEC.1.