Sec. 4. (a) This section applies to an officer or agent of an association or corporation and every other person summoned as a garnishee.

     (b) A person described in subsection (a) shall, when served, or not later than five (5) days after being served the summons, furnish the sheriff with a certificate of:

Terms Used In Indiana Code 34-25-3-4

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
  • Summons: Another word for subpoena used by the criminal justice system.
(1) the number of shares or rights of the defendants in the stock of the corporation or association;

(2) a description of the property held by the corporation, association, or person that belongs to the defendant or is held for the benefit of the defendant; or

(3) the amount of the debt owing to the defendant by the association, corporation, or person, whether due or not.

The sheriff shall return the certificate with the summons.

     (c) If the person refuses to provide the information set forth in subsection (b), the person may be required by the court to appear and be examined under oath concerning the information. Obedience to the orders may be enforced by attachment.

[Pre-1998 Recodification Citation: 34-1-11-22.]

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