Sec. 20. (a) After appearing in the action, a defendant against whom an order of attachment has been issued may move to have:

(1) the attachment discharged; and

Terms Used In Indiana Code 34-25-2-20

  • 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
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(2) restitution awarded for any property taken under the attachment.

     (b) An appearance in the action may not operate to discharge the attachment unless the defendant files a written undertaking as required in section 16 of this chapter.

     (c) If:

(1) the defendant appears in the action;

(2) judgment is rendered in favor of the plaintiff; and

(3) part of the judgment remains unsatisfied after exhausting the property attached;

the judgment is considered a judgment against the defendant personally.

     (d) A judgment described in subsection (c) has the same force and effect as other judgments, and execution shall issue on the judgment accordingly for the collection of the residue.

     (e) If the plaintiff’s undertaking is insufficient, the plaintiff is entitled to a reasonable time to file an additional undertaking.

[Pre-1998 Recodification Citation: 34-1-11-33.]

As added by P.L.1-1998, SEC.20.