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

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Terms Used In Indiana Code 34-24-4-11

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(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.

[Pre-1998 Recodification Citation: 34-1-70-18.]

As added by P.L.1-1998, SEC.19.

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