Indiana Code 34-25-3-9. Judgment recovered; liability of defendant or garnishee for costs
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Sec. 9. (a) If the plaintiff wins judgment against the defendant and before the judgment the garnishee:
(A) all the defendant’s goods and chattels, or other effects in the garnishee’s possession subject to execution; or
(1) delivers to the sheriff:
Terms Used In Indiana Code 34-25-3-9
- 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.
- Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(B) an inventory of the items described in subdivision (1)(A); and
(2) pays to the sheriff or into court all money due from the garnishee or belonging to the defendant;
the costs in the proceeding against the garnishee shall be paid by the defendant.
(b) If the garnishee does not appear or appears and refuses to accurately confess the matter alleged and at the trial:
(1) the plaintiff recovers judgment against the garnishee; or
(2) the garnishee admits to having possession of money, credits, or effects belonging to the defendant and refuses to pay or deliver the money, credits, or effects;
the garnishee shall pay costs.
[Pre-1998 Recodification Citation: 34-1-11-27.]
As added by P.L.1-1998, SEC.20.