Indiana Code 34-55-8-3. Arrest of debtor authorized
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Sec. 3. When the plaintiff or the plaintiff’s agent or attorney, at the time of applying for the order or at any time afterwards, makes and files an affidavit with the court, stating that:
(2) there is reason to believe the debtor has property, rights, credits, moneys, or effects that the debtor unjustly refuses to apply to the judgment, with intent to defraud the creditor;
(1) there is danger of the debtor leaving the state or concealing himself or herself; and
Terms Used In Indiana Code 34-55-8-3
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arrest: Taking physical custody of a person by lawful authority.
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- 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
- Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
the court shall issue to the sheriff of the county an order of arrest and bail.
[Pre-1998 Recodification Citation: 34-1-44-3.]
As added by P.L.1-1998, SEC.51.